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(영문) 춘천지방법원 강릉지원 2020.05.07 2020노51
사기미수
Text

The defendant's appeal is dismissed.

Reasons

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

2. However, the defendant confessions and reflects the crime of this case, and has no record of punishment in Korea.

The crime of this case did not cause actual economic damage to the victim since the crime of this case was attempted.

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 seeks to collect money by directly approaching the victim, and the method of and degree of participation in the crime is not easy.

In addition, considering the Defendant’s age, character and conduct, environment, the details and contents of the instant crime, and the sentencing conditions indicated in the instant records and pleadings, the lower court’s sentence cannot be deemed unreasonable.

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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