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(영문) 수원지방법원 2014.02.12 2013노5692

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence of the lower court against the Defendants (two years of imprisonment; confiscation; one year of imprisonment; one year of confiscation; one year of imprisonment with prison labor; one year of confiscation; one year of confiscation; and confiscation) is too unreasonable.

2. We can take into account the following circumstances: (a) Defendants A and C did not have any history of punishment heavier than that of the same criminal power and the suspension of execution; (b) Defendant B was the initial offender; and (c) the period of the Defendants’ participation in the instant crime was relatively short.

However, the crime of this case is a major financial fraud which is planned and organized as an object of crime by making many unspecified persons the crime in the so-called Bophishing method, and its nature is very poor. Since the scope of damage is not only differentiated and narrow, but also has structural characteristics that are not easy to recover damage, it is highly necessary to strictly punish the victims even though the role of the participants in eradicating the crime or personal gain is not significant, it is necessary to strictly punish the crime. Defendant A is provided with customer information, cell phone, cash withdrawal, account number, etc. necessary for the crime by linking the office operation of the office of this case. Defendant B and Defendant C are recruited by soliciting telephone inducement measures through Defendant B and Defendant C. Defendant B, Defendant C as a whole of the telephone loan offices, and Defendant C are in charge of directly inducing the victims to act, such as inducing the victims to act, the circumstances surrounding the crime of this case’s punishment are inappropriate, and most of the victims are not recovered before and after the crime of this case.