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(영문) 대구지방법원 2020.09.23 2020노1955
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The defendant's defense counsel at the summary of the grounds for appeal answers to the appellate court's argument of mistake that "the defendant has no fact that the actual call center counseling service or the actual call damage occurred through this," recorded on the date of the first trial of the appellate court, the prosecutor respondeds to the prosecutor's question "I have the right to reply to whether the defendant denies the criminal conduct and asserts this part as part of the sentencing, such as in the court below's decision," and the presiding judge's replys to the question "I have the right to reply to the assertion of innocence." Thus, it is deemed that the prosecutor has withdrawn the argument of mistake of facts as to this part."

The defendant asserts that the punishment sentenced by the court below (one year and two months of imprisonment) is too unfasible, and the prosecutor is too unfasible and unfair.

2. The crime of Bophishing is organized, intelligence, and day-to-day, so it is not easy to detect it and arrest it, and the social harm caused by it is very serious because it is difficult to prevent damage, so it is necessary to punish the participants.

The Defendant, as well as himself, had the Defendant take part in the Nando phishing crime.

However, the defendant recognized his mistake and seriously reflects it, and agreed with the victim AG.

The defendant was not directly involved in the execution of other assistant officers with regard to each of the frauds in this case, and the defendant has no record of criminal punishment exceeding the same kind or fine.

In addition, when comprehensively considering the sentencing conditions, such as the Defendant’s age, occupation, circumstances of participation, circumstances after the crime, and the balance of punishment with other accomplices, the sentence imposed by the lower court is unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is rendered after pleading

An appeal by a defendant.

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