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(영문) 울산지방법원 2015.09.11 2015노679

사기

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The crime of Bophishing, like the instant case, is committed against many and unspecified persons on a planned and systematic basis through multiple types of labor, and is causing irrecoverable damage to many victims. It is necessary to strictly punish the victims in that the safety and reliability of financial transactions is harmed and serious inequality and danger in society as a result of the development of information and communications technology is intelligent, and the social and economic harm caused by mass production is high.

In the instant case, the victims are many, and the sum of damages is about KRW 160,000,000,000, and the damages caused by the instant crime have not been recovered to a considerable extent, and the Defendant’s criminal period cannot be deemed to be a short period of time. Therefore, the criminal liability is heavy.

In addition, given that most victims are bad credit holders who are difficult to obtain loans from financial institutions in normal ways or those who are difficult to obtain economic conditions, there is a high possibility of criticism.

In addition, the Defendant’s participation in the instant crime is not easy due to the following: (a) from around November 201, 2013 to around January 2014, the Defendant served as a counselor; (b) from around April 2014 to around June 2014, the Defendant took an interim management measure, such as the management of loan fraud counselors and the order for withdrawal; and (c) upon the occurrence of the instant crime, the Defendant escaped from D, etc. to overseas, etc., to the disadvantage of the Defendant.

However, the fact that the defendant voluntarily surrenders to the crime of this case and reflects his mistake in depth, the defendant has no record of criminal punishment except for one fine due to drunk driving, and the defendant deposited some of the victims (N, AI, AO) in the trial.