beta
(영문) 인천지방법원 2016.10.21 2016노3216

사기방조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal that the court below sentenced to the defendant (one year and six months of imprisonment and confiscation) is too unreasonable.

2. The judgment of the court below is that there is a favorable condition for the defendant such as recognizing the defendant's mistake and reflecting it. However, each of the crime of aiding and abetting fraud in this case constitutes an intelligent fraud by "discriming" which receives money from the victims by communicating to many and unspecified persons in Korea as a member of an international organization, and it is not easy to arrest the criminal because the social and economic harm is serious. In the case of the crime of aiding and abetting fraud, the crime is very organized and the arrest of the criminal is not easy. It is very important to prevent recurrence by strictly punishing the acts involved in soliciting the "componion passbook". The defendant seems to have suffered profits or to have been allocated part of the money through the purchase and sale of the large passbook, and it appears that the degree of participation in the crime is considerably significant, such as the defendant's participation in the crime, such as the number of crimes, and any effort to recover damage is not made, and it is not recognized that the defendant's environment, age, method, frequency, degree, circumstances, circumstances, etc. of the crime in this case.

3. Therefore, 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.