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(영문) 서울중앙지방법원 2018.11.23 2018노2727

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The instant fraud crime is an organized and planned crime of receiving money from victims, which is serious harm to society as a whole through the massing of unspecified victims, and it is not easy to arrest the criminal in the form of an organization by which the method of the crime is artificially advanced and the arrest of the criminal is not easy. As such, there is a great need to prevent recurrence by punishing the persons who participated in the instant crime in a systematic and planned manner, such as the degree of their participation and the actual proceeds of the crime.

However, the Defendant actively participated in the crime as the team leader of the instant telephone finance private company as the team leader, and the total number of victims caused by the instant fraud crime is limited to 2,950, and the total amount of damage exceeds 4.3 billion won.

In addition, one defendant has the same criminal records and has a single criminal records of violence.

In the instant case where there is no change of circumstances that would give special consideration to sentencing in the above circumstances and the trial of the political party, comprehensively taking account of various sentencing conditions, such as the Defendant’s age, sex, environment, circumstances, means and methods of committing a crime, etc. as shown in the record and the change of the records, the Defendant’s assertion is without merit, since only the Defendant appealed, and it does not seem unfair since the Defendant’s only appealed.

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