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(영문) 서울동부지방법원 2016.11.25 2016노1398

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the maximum term of imprisonment with labor for three years, the short term of two years, and the defendant J: imprisonment with labor for a maximum of one year and two months, the short term of ten months, the defendant A: imprisonment with labor for a maximum of one year, six months, the short term of six months, the defendant C: imprisonment with labor for a maximum of one year, the short term of one year, the short term of eight months, and the defendant D) are too unreasonable.

2. The Defendants’ age is the first offender, the first offender, or the absence of any particular history, the Defendants did not lead the commission of the crime, but did not have or did not have any profit to commit the crime, and the victims did not receive punishment by mutual consent with the victims of each terming crime may be considered as sentencing materials favorable to the Defendants.

However, the so-called “Singing” crime, such as the instant case, is a planned and organized crime that has been closely prepared for many unspecified victims in advance, and the scope of damage is unlimitedly discriminative and brutably, and its nature is very poor, and social harm is serious.

In order to eradicate it in light of the characteristics of crime and current investigation conditions, even if the role of the participant or the profit acquired individually is not much important, it is necessary to punish the participant.

The defendants play a role in receiving money from the victims or receiving the victims' money, and delivering it. This role is essential and conclusive for the completion of the entire crime, and the responsibility for the crime is heavy.

Defendant

In the case of I, the liability for the crime is more serious than the other Defendants in that the other Defendants were induced to commit the crime.

In addition, considering the above-mentioned favorable sentencing data, the sentence imposed by the court below against the Defendants is too excessive, even if considering the aforementioned favorable sentencing data, when comprehensively considering the degree of damage to each Defendants’ participation and their respective roles, character and conduct, environment, etc. of the Defendants.