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(영문) 대구지방법원 2019.09.27 2019노2816

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstances favorable to the defendant include the fact that the defendant recognized all of his mistake and reflects his wrong, and that there is no criminal records punished for the same kind of crime before the instant case.

However, the crime of this case is a so-called "phishing," which is organized and planned against many and unspecified persons, and it is very bad to commit the crime, such as making the economically and socially weak persons a major target of the crime, causing more difficult circumstances by using the brushed wife, causing individual victims to undergo considerable mental legacy in addition to property damage, and such harm is very high, such as causing confusion and uncertainty in the financial transaction order, and undermining the trust of the whole society.

In addition, since the Criminal Code has become more intelligent, the scope of damage has been expanded in a non-discriminatory manner, and the damage has a structural characteristic that is not easy to recover, it is necessary to strictly punish persons who have participated in the crime in order to eradicate it.

In particular, the defendant joined the Bosing Organization and worked as the first counselor, and then supervised other counselors by promoting them to the team leader, and played an essential role in achieving the purpose of the crime as the third counselor.

The period in which the defendant participated in the crime is three years, and the amount of damage caused by the crime is very high, but the damage has not been recovered at all except for those agreed with two victims until the trial is held.

In full view of such unfavorable circumstances and other circumstances as the Defendant’s age, character and conduct, environment, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, the lower court’s sentence is reasonable in its discretion.