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(영문) 서울북부지방법원 2018.08.17 2018노897

사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year of imprisonment) against the Defendant is too minor or unreasonable.

2. The amount acquired by the Defendant in return for the instant crime in the process of determining the grounds for appeal by the prosecutor and the Defendant is not large in the amount obtained by fraud by over KRW 00,000.

The defendant recognizes the crime up to the trial of the party, and is in depth repenting his mistake.

Defendant has no past record of criminal punishment.

On the other hand, among the instant crimes, the crime against the victim D was committed.

During the investigation process, the defendant paid 8 million won to the victim C, and the victims agreed with the victim D in the trial and expressed their intention not to punish the defendant.

However, on the other hand, the court below seems to have determined punishment by considering most favorable circumstances for the defendant as above.

In particular, the crime of this case is a so-called " Bosishing" crime, which took part in the role of a large number of people according to a thorough plan, and obtains money from an unspecified number of victims systematically and professionally.

In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.

It is a large amount of money that is obtained or attempted to obtain by fraud due to the crime of this case from the total sum of 23 million won.

The Defendant, as a so-called “book of Distribution”, played a significant role in the entire crime, and used a secret water system, such as using forged documents under the name of the Financial Services Commission in the course of committing the crime.

In addition, the defendant's age, sex, environment, the background and result of the crime of this case, and the circumstances after the crime.