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(영문) 서울남부지방법원 2020.06.23 2020노552
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the grounds for appeal (in original case, one year of imprisonment, two years of suspended execution, and 160 hours of community service order);

2. In light of the following: (a) the victim did not agree with the defrauded; (b) the need for strict punishment was high due to the characteristics of telephone financial fraud; (c) the Defendant, as a means of access, did not directly participate in the act of fraud as a means of access; (d) did not directly participate in the act of fraud; and (e) did not have any other criminal records other than the previous and twice; and (e) other various conditions of sentencing as indicated in the instant pleadings, such as the degree of damage, motive, background and method of the crime; and (e) the character, conduct and environment of the Defendant, etc., the sentencing of the lower court cannot be deemed to be unfair because it goes beyond

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

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