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(영문) 대전지방법원 2018.10.25 2018노2335

사기

Text

The judgment below

The remainder other than the confiscated part shall be reversed.

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

Reasons

1. Summary of grounds for appeal: Improper sentencing;

A. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case is deemed to have been committed in a systematic and planned manner and has serious personal and social harm caused by the phishing fraud, and the scam fraud has been committed in such a way as a total book, solicitation book, withdrawal book, delivery book, collection and remittance book, as well as the total amount of punishment as well as the persons who participated in the crime of this case, even though being aware that the scam fraud was committed, the Defendant took part in the crime of this case with the intent of delivering money for the purpose of punishing the money easily, including the fact that the Defendant was aware that he was the scaming fraud, and transferred the money to the execution as it is, the nature and the criminal situation of the crime. The total amount of damage caused by the crime of this case exceeds KRW 230 million,000,000,000 from the victims, the Defendant received distribution of profits exceeding KRW 6 million from the victims, and most victims have not recovered from the victims of this case, and the Defendant has been punished against the Defendant.

However, it is against the defendant's recognition of the crime of this case, the defendant has been living without other criminal records, and when compared with the amount of damage caused by the crime of this case, the profit acquired by the defendant itself is not much.

In light of the fact that there is room to see, above all, that the victim did not want the punishment against the defendant by mutual consent with I among the victims when the defendant was in the trial of the defendant, and all of the sentencing conditions in the records and arguments of this case, including the defendant's age, sexual conduct, environment, motive and means of the crime and the result, the circumstances before and after the crime, etc., the punishment sentenced by the court below is somewhat unreasonable.

3. Conclusion.