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(영문) 수원지방법원 2020.08.27 2020노3279
사기방조등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 1 to 6 shall be confiscated.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (three years of imprisonment) is too unreasonable.

2. The crime of this case is committed by the defendant involved in the collection and delivery of the damage amount to the Bosing Criminal Organization and collecting KRW 50 million from the victim's money left to a place designated by the organization of the organization of the victim's name. The defendant attempted to receive KRW 39.8 million from other victims and deliver the damage amount to other victims and then receive KRW 40 million again, and attempted to receive and deliver the damage amount to other victims, and thereby aiding and abetting the crime of fraud and attempted to commit attempted fraud. In light of the law, contents, and scale of damage, etc. of the crime, the crime is very poor and very very very heavy, in view of the crime, and the crime is committed, since the crime of Bosing is closely and planned, it is difficult to regulate the crime, and it is very difficult to recover the damage, and it is deemed that it is necessary to strictly punish the crime, even though considerable damage was not recovered, the defendant's entry into the Republic of Korea to prevent the defendant from spreading the damage amount.

However, the Defendant recognized the instant crime and reflects the mistake in depth. Some of the crimes did not result in actual damage because they did not reach the target amount. Of the thief’s damage amounting to KRW 50 million, the check amounting to KRW 40 million was suspended by the victim’s report. Of KRW 39,80,000, KRW 2 million was temporarily returned to the victim for partial recovery of damage, and the victim was partly recovered, the Defendant is currently 19 years of age and has no record of criminal punishment in the Republic of Korea, and the Defendant’s character and behavior, environment, motive and background leading to the Defendant’s crime, means and consequence of the crime, the circumstances after the crime, etc., and the equity of sentencing with the same and similar cases, as indicated in the instant records and arguments.

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