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(영문) 서울중앙지방법원 2015.04.23 2014노4770

사기

Text

The judgment below

The guilty portion against Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for three years.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The defendants (e.g., imprisonment with prison labor for each of the defendants, and 50,00 won from each of the defendants A) are too unreasonable.

B. 1) Unreasonable sentencing: Considering the gravity of the instant crime, the sentence imposed by the lower court is too unfilled and unreasonable. 2) Additional confiscation on Defendant B: The confiscation of the seized core chips is omitted, which should be added.

2. Determination on the grounds for appeal

A. Defendant A’s judgment on the assertion of unfair sentencing by both parties is an initial crime.

Defendant

B, C has no criminal power other than a minor fine.

Defendant

A voluntarily submitted 1.2 million won of the principal's profit from the instant crime to recover damage, and agreed with some victims.

Defendant

B also agreed with some victims separately.

Defendant

C, together with the husbandO who was the head of the Redishing Organization of this case, agreed with approximately two-thirds of the victims.

Defendants, in particular, Defendant B and Defendant C submit an anti-Japanese reply, and they are able to answer and reflect it.

However, the crime of this case is an organized fraud of the term “Singing”, which was closely planned and carried out.

It acquired money from the victim with more than 60 people in KRW 1 billion.

Using the previous personal information of the customers who requested loan brokerage by loan brokerage companies, they were accused of low interest rate transition loans in accordance with the "Act on Debt Adjustment for the National Duplicative Fund". The victims of low-income vulnerable groups, who originally used high interest loan, committed more fatal frauds.

The social costs that will be incurred in restoring the safety net and trust of the prudent financial society due to such phishing crimes, and the agreement with most victims can be seen as proceeds from the instant crime that was seized by O during the investigation process.