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(영문) 수원지방법원 2016.02.03 2015노7377

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for not less than two years and six months.

Defendant 2 through 5 of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each court below against the Defendants (two years of imprisonment with prison labor) is too unreasonable.

B. The respective sentence of the lower court against the Defendants by the prosecutor is too unhued and unreasonable.

2. In light of the fact that the Defendants were led to each of the instant crimes, the Defendants do not seem to have led each of the instant crimes, and the actual gains from each of the instant crimes appear to have been relatively significant. Defendant A had been punished without any particular criminal history since entering the Republic of Korea; Defendant B did not have any history of punishment for the same kind of crime; there was no family member to support the Defendants; and the Defendants’ family members want to take advantage of the fact that telephone financing fraud crimes like the instant case (one scamscams) are organized and planned for many unspecified victims; and there is a need to strictly punish the harm inflicted on society by massing a large number of victims. In particular, Defendant A, under the direction of a person without a name, deemed Defendant B to be an employee of the Financial Supervisory Service; Defendant B did not actively take part in or take part in the instant crime into account the fact that the Defendants’ family members wanted to take the Defendants’ measures against the Defendants; Defendant B did not appear to have been aware of the need to take part in or take part in the entire criminal conduct.