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(영문) 광주지방법원 2019.05.28 2019노726

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The circumstance in which the judgment of the defendant recognized the crime of this case and reflected is recognized.

There is no criminal record of the defendant exceeding the same criminal records or fines, and it cannot be said that the defendant has a substantial benefit from the crime of this case.

Some of the crimes committed by the defendant were attempted, and the defendant paid part of the amount of damage to the victim G at the original trial stage, and agreed to do so, and the circumstance in which part of the amount of damage was deposited for the victim K is also an element of sentencing favorable to the defendant.

However, the so-called Bophishing fraud, such as the instant case, is committed systematically and systematically, and the socioeconomic harm is very serious. Therefore, it is necessary to punish the so-called Bophishing fraud.

In light of the type of involvement and degree of participation in the crime, the Defendant, while in a short period of time, was directly involved in the singishing crime six times, and the Defendant’s liability cannot be deemed to be less than that of the Defendant, even in light of the type of participation and degree of participation, such as misrepresenting the staff of the Financial Supervisory Service and receiving

The lower court also comprehensively considered the elements of sentencing favorable to the Defendant as seen earlier, and determined the sentence against the Defendant, and there is no change in the sentencing conditions that may be specially considered in the trial compared with the lower court.

In addition, when comprehensively taking account of the Defendant’s age, character and conduct, criminal records, motive and background leading to the instant crime, circumstances after the instant crime, etc., the lower court’s punishment is only within the reasonable scope of discretion, and it is not deemed unfair because it is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act because the defendant's appeal is without merit.