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(영문) 인천지방법원 2018.06.15 2018노1245

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court against the Defendant (one year of imprisonment, etc.) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court on the Defendant is too uneasible.

2. The crime of phishing fraud, such as the instant crime, leads to an unspecified number of victims, the organization of which is not limited to a domestic organization, and spreads to a foreign country, and each actor was determined in the form of an organization, so it is not easy to arrest and recover from damage.

The Defendant actually contributed to the completion of the instant crime by performing a role of changing the remitted money in cash as a means of delivering the subordinate constituent elements of the phishing crime.

However, in light of the circumstances favorable to the defendant, such as the fact that the crime in which the defendant participated was only twice, the fact that the defendant had no record of crime before the crime in this case, and the fact that the defendant had a job in Korea and had faithfully lived before the crime in this case is considered as favorable to the defendant. In light of the sentencing conditions stated in the records, such as the defendant's age, sex, environment, circumstances of the crime, and circumstances after the crime, it is not recognized that the sentence of the court below is too heavy or unreasonable.

3. In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.