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(영문) 춘천지방법원강릉지원 2020.10.15 2020노287
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for three years and six months, confiscation) of the lower court is too unreasonable.

2. The Defendant recognized all of the crimes of this case, against whom, and has no record of being punished in Korea.

By the time of the trial, the defendant paid part or all of the victims the amount of damage, and some of the victims do not want the punishment of the defendant.

However, crimes caused by Bophishing are very poor in the nature of the crime, and there is a serious personal and social harm so that strict punishment is needed.

The crime of this case is a means by which the Bosing Organization forms a large part of the total crime as a means of realizing the benefits of the crime, and the defendant withdraws the money received from the victims and transfers the money to money exchange and foreign countries, and it is not easy that the method of or degree of participation in the crime is less desirable.

In addition, considering the circumstances where the Defendant paid the amount of damage to certain victims, the lower court’s punishment cannot be deemed unreasonable, by taking account of the following factors: the Defendant’s age, character and conduct, environment, the details and contents of the instant crime, etc., and the sentencing conditions indicated in the instant records and pleadings.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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