beta
(영문) 창원지방법원 2014.10.30 2014노2029

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is that the Defendants recognized the mistake of the Defendants, and are in profoundly against their depth, and that the Defendants participated in each of the crimes of this case in a position in which the economic difficulty was still difficult on the young age, and the degree of their participation is not obvious. In light of the above, each punishment (one year and two months of imprisonment) sentenced by the lower court is too unreasonable.

2. Even when considering the circumstances alleged by the Defendants, the crime of this case is planned and organized to commit the crime of this case with multiple unspecified persons, and the victim's 37 persons and the total amount of fraud exceeds 60 million won, and the crime is not sufficient, and the Defendants are engaged in telephone counseling services for the victims to commit the crime of this case. The roles of the Defendants are indispensable to achieve the objective of the crime of fraud through Bosing. Thus, the degree of participation in the crime cannot be deemed to be somewhat weak. In particular, it is determined that the Defendants living together with accomplices at the areas below the Cheongyangyang-si area in China with the awareness that they participated in the crime of fraud, and that the Defendants took part in the act of fraud, and that the victims' damage was not recovered at all up to the trial, and that the Defendants' character and conduct, the circumstances of the crime of this case, the circumstances of each of the crime of this case, and the circumstances after the crime of this case, etc., are considered to be unfair. Thus, the lower court's assertion that the above Defendants' punishment was inappropriate.

3. In conclusion, the defendant's appeal is without merit, and all of the appeals are dismissed. It is so decided as per Disposition.