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(영문) 대전지방법원 2016.09.29 2016노2057

사기등

Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and two months.

(b).

Reasons

1. Summary of grounds for appeal;

A. The lower court’s respective sentences against Defendant A and C (Defendant A: imprisonment with prison labor for a year and six months, and Defendant C: imprisonment with prison labor for a year and two months) are too unreasonable.

B. The lower court’s respective sentences against Defendant A and Defendant B and D (one year of imprisonment, two years of probation, two years of probation, observation of protection, community service order 240 hours, Defendant D: one year and two months of probation, three years of probation, observation of protection, and community service order 240 hours) of the lower judgment against the prosecutor, Defendant A and C are deemed to be too unreasonable.

2. Determination

A. The circumstances are favorable to the fact that the defendant's judgment on the defendant A and the prosecutor's argument about the defendant A reflects his fault, and that the defendant has no record of punishment.

However, the crime of this case is a case of taking part in the defraudation of money through the so-called phishing crime, and the method of the crime is organized and planned, and the number of victims and members of the society grow up within the scope of the nation, make many victims and the members of the society dissatisfy, and thereby has a serious adverse effect on the trust relationship in the whole society, so that the crime is very serious and social criticism is highly likely, and in full view of various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the defendant's age, sex, sex, occupation, environment, motive, means, means, and result, and circumstances before and after the crime, it is not considered that the sentence of the court below against the defendant is too heavy or unreasonable. Thus, the defendant and the prosecutor's wrongful sentencing are without merit.

B. The instant crime of this case against Defendant C and the Prosecutor’s assertion on Defendant C is a case in which he participated in the acquisition of money through the so-called Bosing criminal act, and not only the method of crime is organized and planned, but also the number of victims and society within the nation.

참조조문