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(영문) 의정부지방법원 2018.04.26 2018노534

사기등

Text

The judgment below

The remainder, other than the dismissed part of the application for compensation, shall be reversed.

Defendant shall be punished by imprisonment for a period of one and half years.

Reasons

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

2. The so-called phishing fraud constitutes a serious crime that causes severe social and economic damage to the society due to a highly systematic and planned crime, and seriously adverse effects on trust among all members of society, thereby causing severe anxietys to the lives of many people.

The victims reach five and the total amount of damages reaches KRW 132,80,000.

The damage has not been recovered almost.

Considering the above points, it is necessary to punish the accused strictly.

However, as the defendant is currently in the process of preparing for social advancement at 20 years of age, it is necessary to actively consider the role of the community in improving the character and conduct of the defendant as well as the role of guardianship in the society for improving the character and conduct of the defendant as well as the need to actively consider the role in improving the defendant's responsibilities, which appears to have been divorced by his parents at the time of now, and is likely to have been increasing in a difficult family environment where he was infabababab in the part of the defendant, and would have been involved in the crime of this case. The defendant actively cooperates with the investigation after arrest, the defendant is the primary offender who has no history of punishment, and all the sentencing conditions shown in the records and trial process of this case, such as character and conduct of the defendant, environment, motive, means and consequence of the crime, circumstances after the crime, etc., the sentence of the court below is unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

【Grounds for a new judgment】 The facts constituting an offense and summary of evidence recognized by the court are identical to the facts constituting an offense and summary of evidence, and the gist of evidence are identical to the facts in each corresponding column of the judgment below. Thus, they are cited pursuant to Article 369 of the Criminal Procedure Act

Application of Statutes

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;