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(영문) 광주지방법원 2016.08.25 2016노1527

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below (one year of imprisonment for defendant A, confiscation, and one year of imprisonment for defendant B) on the summary of the reasons for appeal is too unreasonable.

2. The following facts are favorable to the Defendants.

The Defendants, after being detained on account of the instant case, sent almost every day to the full bench.

It seems that as we can know through the reflective door, it seems that it seriously reflects the crime.

Defendant

A sent a written application for coal to the full bench on several occasions.

In order to recover the damage, the Defendants were faced with the Defendant’s wife, deposited KRW 1 million for the victimJ, paid KRW 2.4 million as agreed upon to the victim H, and made efforts to recover the damage.

On the other hand, the following is disadvantageous.

The so-called phishing crime, such as the instant crime, committed by the Defendants, is a crime that assumes the entire nation of the Republic of Korea as a target of the crime, assumes the false representation of various State agencies and financial institutions, or makes a non-discriminatory and low-discriminatory act by taking advantage of anxiety on the safety of the victims’ family members, and is extremely poor

This crime is very difficult to arrest the main offenders from the investigative agency because they reside or operate as a occupied organization abroad, and is a big social problem, however, there is a high need for general prevention through strict punishment as the crime is more extreme.

Moreover, there is an unreasonable and unfair situation, such as punishing a civil dispute between those who provided means of payment such as passbook and those who acquired money and those who acquired money, without revealing the main offenders who actually acquired profits from the phishing crime.

In light of this point, the role of the criminal who participated in the phishing crime is merely a simple participation and is not a benefit that he or she has acquired individually.

Even if there is a need for strict punishment.

Moreover, the same applies to the Plaintiff.