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(영문) 서울서부지방법원 2016.05.12 2016노146

컴퓨터등사용사기

Text

The judgment below

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

Defendant

B A person shall be punished by imprisonment for not less than one year and three months.

Defendant

A.

Reasons

1. As to the punishment (Defendant A: Imprisonment with prison labor for 1 year and 3 months, Defendant B: imprisonment for 1 year and 6 months) declared by the lower court, the Defendants asserts that it is too unreasonable for the Defendants, and the prosecutor asserts that it is too unfasible and unfair by the prosecutor.

2. Defendant A and the prosecutor’s above Defendant A’s determination on the unfair argument of sentencing against the above Defendant A and the prosecutor did not repeat again after recognizing their errors.

In addition, there is no particular criminal offense except once a fine is imposed.

Defendant

A paid the agreed amount to the victimO in the original judgment, and the victimO does not want the punishment of the defendant A.

그러나 이 사건 컴퓨터 등 사용 사기 범행과 같이 불특정 다수의 피해자를 대상으로 조직적ㆍ계획적으로 이루어지는 이른바 보이스 피 싱 범행은 특히 경제적 ㆍ 사회적 약자들을 주요 범행 대상으로 삼아 그 궁박한 처지를 이용하여 이들을 더욱 어려운 상황에 이르도록 하는 등 죄질이 매우 나쁠 뿐만 아니라 그 범행 수법이 갈수록 지능화 하는 등 범행이 야기하는 사회적 폐해도 심각하다.

In addition, the above crimes are highly likely to be socially criticized by seriously impairing the trust of the state agencies and financial institutions of the members of society as well as the direct victims.

Moreover, since these crimes are structural characteristics that are difficult to arrest the entire organization members, it is necessary to eradicate them through strict punishment even if they are subordinate members who have participated only in the crime.

Defendant

A In the call center of the telephone finance fraud organization, it is not easy to find out the financial transaction information necessary for Internet banking by misrepresenting the victim, etc. to the prosecution.

Considering these circumstances, it is inevitable to punish Defendant A with severe penalty equivalent to his responsibility.

The defendant A. Other defendant A.