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(영문) 창원지방법원 2020.12.10 2020노1960
사기등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (two years and six months of imprisonment, confiscation) is too unreasonable.

2. Where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect the sentencing of the first instance court as an appellate court.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendant recognized and reflected the instant crime.

The crime of this case seems to have been led by the personnel in charge of scaming in name, and most of the above persons in charge of scam acquired the amount of fraud.

However, the crime of Bosing fraud is committed in a systematic, planned, and intelligent manner, and it is very serious that the damage is caused to many unspecified victims, as well as to the ordinary people in most economically poor places.

Despite the fact that the Defendant was punished for aiding and abetting the crime of Bosing fraud, the Defendant committed the instant crime during the suspension period of the execution of the above crime.

The Defendant, while carrying out the same as banking staff and the persons related to the Financial Supervisory Service, presented the “payment certificate” and “credit mutual-aid insurance contract” under the name of the said agency that he forged.

The sum of the acquired money of the instant crime reaches approximately KRW 60 million.

Until now, victims have not recovered from damage.

In addition, comprehensively taking account of various conditions of sentencing, such as Defendant’s age, health status, environment, family relationship, circumstances after the crime, etc., and there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the sentence imposed by the lower court cannot be deemed unfair because it goes beyond the reasonable scope of discretion.

3. The Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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