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(영문) 대구지방법원 2020.09.01 2020노1876
사기방조
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment below seems to have sentenced the above punishment by comprehensively taking into account the circumstances favorable to the defendant (the fact that the mistake of the defendant is recognized, the fact that the defendant actually acquired profits from the crime of this case is not significant, the fact that there was no record of punishment for the same kind of crime) and unfavorable circumstances (the fact that the crime of this case was involved in the crime of Bosing in cash collection and remittance, the crime of Bosing is poor in light of the contents of the crime, the crime of Bosing is highly harmful to society, the crime of Bosing is committed in a systematic and planned manner against many unspecified people, and the crime of Bosing is committed against many unspecified people as it is difficult to arrest all organization members, and it is necessary to severely punish even subordinate employees who participated only in the crime, and the total amount of damage exceeds KRW 100 million, which has not been recovered until now).

The grounds for the above sentencing and the defendant are beneficiaries of housing benefits, whose economic situation is not good, the defendant's family members and branch members want the defendant's prior address, and the defendant's age, career, character and behavior, environment, family relationship, motive and circumstances of the crime, means and result of the crime, circumstances after the crime, and other circumstances that are known by the records, and there are no special circumstances or changes in circumstances that make it possible for the court below to change the punishment against the defendant, the sentencing of the court below is appropriate, and it cannot be viewed that the defendant's family members and branch members abuse their discretionary power or deviate from the limits of discretion.

The sentencing of the court below is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

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