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(영문) 서울중앙지방법원 2018.05.18 2017노4652

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (4 years of imprisonment) is too unreasonable.

2. Although the Defendant asserts the degree of participation in the crime of this case as a whole, the Defendant’s participation in the crime of this case is recognized as a whole, and there is no record of punishment for the same kind of crime, the Defendant’s participation in the criminal act from the beginning to the early stage, together with E, which is the total responsibility of the organization of the hosts of this case. The fact that the Defendant appears to have been aware of the employees of the hosts, who provided information to investigation agencies, and that he/she was arrested and punished for the crime of this case, is favorable to the Defendant (the appellate court: (a) the duplicate of the attached list of crimes in the attached Form was deleted, and the damage amount was corrected from KRW 675,580,970 to KRW 607,16,425 to KRW 607,00, which is the basis for determining the sentencing of the Defendant; (b) thus, it does not appear that there was a significant change in the illegality itself, which serves as the basis for determining the sentencing of the Defendant. However, the Defendant’s participation in the investigation agency’s specific direction or method to punish.

In light of the content of the crime, it cannot be seen that the Defendant did not simply transmit E’s oral message to the text message, as alleged by the Defendant, (it cannot be deemed that the Defendant served as a mere delivery of the message to the text message), and the fact that the amount of damage incurred by the crime of this case exceeds KRW 600 million and did not recover from the damage.