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(영문) 서울중앙지방법원 2020.01.16 2019노2756
범죄단체가입등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

10,000,000 won shall be collected from the defendant.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for two years and eight months, additional collection of ten million won) of the lower court is too unreasonable.

2. The Defendant’s direct deception by performing the role of the call center counselor necessary for the crime of Bosing in China cannot be deemed to be less than the degree of participation, the fact that the Defendant’s act of taking part in the crime of Bosing is aware of the fact that the Defendant’s act of taking part in the crime was committed five times during the period of six months, while recognizing the fact that the Defendant’s act of taking part in the crime of Bosing in the crime, which is planned and organized against many and unspecified persons, is likely to cause serious damage to the victims and that it is difficult to recover the damage therefrom, and that it is disadvantageous to the Defendant.

However, it seems that the defendant recognized the crime of this case and reflected against it, the defendant was unable to continue to commit the crime of this case due to the circumstances of injury and difficulty, and the defendant suffered from economic difficulties. The defendant was employed as an instructor of the school of the school of the school of the school of the school of the school of this case after suspending the crime of this case six years prior to the suspension of the crime of this case, there was no specific history of punishment other than the two previous criminal records, and 14 of the 38 victims among the 38 victims who agreed to pay all or part of the amount of damages (the total amount of damages suffered by the agreed victims is 50 million won and 15% of the total amount of damages caused by the crime of this case). The above victims also want to take advantage of the favorable circumstances.

In the above circumstances, the defendant's age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and after the crime is committed.

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