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(영문) 수원지방법원 2020.09.23 2020노3330
사기방조
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. The sentenced by the court below to the summary of the grounds for appeal (one year of imprisonment) is unreasonable.

2. The Defendant took part in the crime as a means of collecting and conveying the singishing crime.

It is necessary to impose severe punishment on the victims of a large number of unspecified victims because they have been systematically and systematically conducted and their social harm is serious.

However, in the case of the defendant, the person who ordered the crime of this case formed trust by sending a photograph of the auction article by first attaching it, and the defendant ordered the crime of this case, unlike ordinary collection and delivery measures, it seems that the victim did not present a forged document like the Financial Supervisory Service or the Financial Services Commission, and the victim appears to have used the real name of the victim, and the degree of awareness about the crime of this case seems to have been weak than ordinary cases, such as the victim's use of the real name, etc. The victim's 12 million won and C did not want to be punished by the victim's consent, and the victim's family members want not to again stop the crime, and the victim's family members wanted to be punished by the defendant's prior position, and considering various sentencing conditions as shown in the records of this case, such as the background, age, character and conduct of the crime of this case, and circumstances after the crime of this case.

3. As such, the defendant's appeal is reasonable, and it is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is decided as follows.

[Discied reasoning of the judgment below] Criminal facts and summary of evidence recognized by the court is identical to each corresponding column of the judgment below. Thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Articles of the Criminal Act and Articles 347(1) and 32 of the Criminal Act concerning the selection of criminal facts;

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