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(영문) 부산지방법원 2014.06.12 2014노900

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

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

2. The Defendant’s participation in the crime is a telephone financial fraud (hereinafter “singing”), which causes a big harm to the society. The principal offender C and D share the role of the Defendant, etc. in the form of an organization that is based on China and operated the criminal organization of “singing” in a systematic and planned manner to commit the instant crime against many unspecified victims, and the amount of fraud is extremely poor. The Defendant’s withdrawal of the amount of remittance and delivery of remittance to the victims is de facto impossible to track the funds obtained, and at the same time, by allowing the principal offenders abroad to easily enjoy criminal proceeds, thereby contributing to the completion of the crime, and recently, it is necessary to punish the Defendant as well.

However, it does not act as the defendant plans to commit a direct crime and deceiving victims, and it is only part of the entire crime of this case that actually participated as a cash withdrawal measure. The crime of the crime No. 182 through No. 223 in the judgment of the court is an offense after January 18, 2012, from which the defendant actually escaped from the conspiracy relationship, and thus, it is inappropriate to hold the defendant liable for that part of the crime. The defendant is a first offender who has no record of punishment and is detained for about 6 months, and the defendant is in profoundly against the mistake during which he is detained for 6 months. Above all, as a result of the trial of sentencing at the trial of the court, the defendant was removed from his hand from the crime and lost it.