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(영문) 창원지방법원 2014.11.06 2014노1776

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for a year and ten months.

Defendant

A.

Reasons

1. The summary of the grounds for appeal is unreasonable because each sentence (one year and two months of imprisonment, and two years of imprisonment) declared by the court below to the Defendants is too unreasonable.

2. Determination

A. As to the Defendant A’s assertion of unfair sentencing, Defendant A’s confession and reflects on the assertion of unfair sentencing, Defendant A’s participation in the telephone counselor and the degree of participation is relatively not more severe, and Defendant A did not have any particular criminal record other than the past record of a single-use fine, etc. are favorable to Defendant A.

However, each of the crimes of this case is the so-called "phishing," which has great harm to our society, and the criminal law is organized, planned, and intelligent, as well as the criminal law is committed mainly against the financial and social weak, and leads a large number of victims to a national organization or financial institution, etc., thereby making many victims and members of the society unusable, and as a result, giving a large number of victims and members of the society a bad influence on the trust relationship in the whole society, the crime is very poor, and the possibility of social criticism is very high, and the damage is not recovered until now, even though the amount acquired by each of the crimes of this case does not amount to 60,895,268 won, and the damage recovery has not been made until now. In full view of all the circumstances such as the character, conduct and environment of Defendant A, the background and result of each of the crimes of this case, and the circumstances after the crime, etc., and the sentencing conditions in the records and arguments, the above assertion by the court below is without merit.

B. As seen earlier, Defendant B’s fraud is very poor in terms of the nature of the crime, and the possibility of social criticism is also high, and the amount of fraud by each of the crimes of this case is KRW 193,928,893.