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(영문) 울산지방법원 2014.09.19 2014노257

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than three years and eight months.

Reasons

1. The summary of the grounds for appeal (four years of imprisonment) by the lower court is too unreasonable.

2. The crime of this case committed by the Defendant and D, etc. causes damage to an unspecified number of unspecified persons by punishing 140 victims for a total of 50 million won for the 140 victims, by punishing scam frauds on a systematic and planned basis.

Such Bosing fraud requires severe punishment due to severe social harm. The Defendant, while actively engaging in the call center office in this case, such as leasing its office, managing its withdrawals, and collecting money from its withdrawals, led the entire crime with D along with D (the Defendant was paid monthly pay from D and as ordered by D, it is difficult to accept the Defendant’s assertion that the Defendant was merely involved in the same degree as other simple co-offenders, such as withdrawals in this case, but it is difficult to accept the allegation), the injury has not been recovered; the Defendant was sentenced to imprisonment with prison labor for up to eight months at the Daegu District Court on May 31, 2012, and two years of suspended execution.

6. 8. Considering the fact that the judgment became final and conclusive and is still in the period of suspension of execution, and the Defendant committed the instant crime as well as six months thereafter, it is inevitable to pronounce a severe sentence on the Defendant.

However, among D and the defendant, it is judged that D were more leading in business direction, profit distribution, etc., the defendant seems to have led in all of the crimes of this case, that there is no record of the defendant, that there is no record of the defendant, and that the birth of the defendant actively cooperates in the arrest of D, etc., considering the circumstances favorable to the defendant, and the scope of recommendation according to the sentencing guidelines [decision of types] [decision of types] 3 (not less than 500,000 won, less than 5 billion won) increased factors: Where the crime is committed for an unspecified or large number of unspecified victims or repeatedly over a considerable period (decision of the recommended area] increased range of recommendation.