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(영문) 대구지방법원 2020.06.12 2020노410
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four years.

Seized evidence 1 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (six years of imprisonment) by the lower court is too unreasonable;

(2) The Defendant committed the crime of this case on the date of the first trial of the trial of the court). (3) The Defendant committed the crime of this case on the 2th day of the trial of the court of first instance, and committed the so-called “walsing” crime against an unspecified number of unspecified victims, organized, planned, and repeatedly, by belonging to a criminal organization. The crime of this case is very bad to the Defendant, such as the direct victims, the state agencies of ordinary members of society, in particular, the investigative agencies, etc. serious damage to the credibility of the investigation agencies, and the social harm therefrom is very serious, and the Defendant appears to play a significant role as the manager of the organization of the “walsing”, and the damage amount from the crime of this case reaches approximately KRW 2

However, the defendant was not involved in the crime from the beginning, but was involved in the middle by the invitation of pro-Japanese BB, and the participation period is only about two months. The defendant's role in the organization is deemed to have worked as a ship's status and pro-friendly relationship with BB. The defendant's profit accrued from the crime of this case seems to have not yet been paid during the crime of this case. Part of the damage amount is suspended, and there is a possibility of recovery from damage later (in the case of victimN, the victim's child was refunded to financial institutions of KRW 37 million which was suspended from payment of KRW 44 million). The defendant's mother made efforts to recover the damage amount of KRW 5 million among victims and the victim AR was paid KRW 4 million with KRW 4 million, and the victim's 4 million was paid to the defendant, the amount of the damage was not recovered, the amount of the profit accrued from the crime of this case and the amount of criminal punishment of this case's organization, and the crime of this case was not subject to criminal punishment.

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