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(영문) 청주지방법원 2018.08.17 2018노383

사기

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and eight months.

Defendant

B.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the Defendants recognized the instant crime and opposed to it, etc., the sentence of the lower court (2 years of imprisonment with prison labor for Defendant A / Defendant B 10 months) is too unreasonable.

2. Determination

A. The crime of this case against Defendant A is recognized that the Defendants, while performing the role as a telephone counselor for the crime of telephone financial fraud, acquired a total of KRW 8,499,80 from six victims by deceiving KRW 9 and KRW 48,877,50 over 31 times, and that the crime is not good.

However, in full view of all the circumstances such as Defendant A’s age, sex, environment, motive and circumstance leading to the instant crime, circumstance after the instant crime, etc., the lower court’s sentence against Defendant A is too excessive and unfair, and thus, Defendant A’s assertion is reasonable, given that Defendant A’s punishment is too unreasonable, since it is acknowledged that the lower court’s punishment against Defendant A is too unreasonable, as it is recognized that Defendant A’s punishment is too excessive, inasmuch as Defendant A’s assertion is reasonable.

B. As to Defendant B, the lower court determined the sentence of the lower court in consideration of the following circumstances as revealed in the ground for sentencing in the judgment below’s “reasons for sentencing.”

In full view of the following circumstances and other conditions of sentencing as shown in the records, such as Defendant B’s age, occupation, sex, family relationship, and circumstances before and after the crime, the sentence shall be determined as ordered.

This case is a systematic and planned criminal act of fraud, the fact that the total amount of fraud is considerable but does not recover damage, the fact that the fraud method is poor and the fraud is made through several times, and the defendant B is a confession and reflect, and the period of participation in the criminal act of Bossing is relatively short, and the defendant is the defendant.