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(영문) 서울고등법원 2018.11.29 2018노1485

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and eight months.

No. 1 of the seized evidence shall be from the defendant.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant was the first offender and the Defendant was committed in the first instance trial, the Defendant’s punishment sentenced by the lower court (one year and six months of imprisonment) is too unreasonable.

B. In light of the importance of the prosecutor’s Bosing crime and the absence of agreement with the victims, etc., the above punishment that the court below decided against the defendant is unreasonable.

2. The Defendant is an initial criminal with no record of criminal punishment, and the degree of the Defendant’s participation does not reach the extent that the Defendant led and planned to commit a crime.

It is judged that the profits acquired by the defendant from each of the crimes of this case are not significant.

The above is the circumstances favorable to the defendant.

However, the Defendant took part in the Singishing crime as a “book for Cash Delivery” and acquired approximately KRW 108,025,358 from six victims on six occasions over a period exceeding one month.

Not only the majority of victims but also the amount of damage is very heavy to commit the crime.

In particular, the Defendant, even after having interview and interview, presented the victims G andO directly to the victims of false documents under the name of the Financial Supervisory Service as if they were the “E agency” of the Financial Supervisory Service, and attempted to block the crime of defraudation by receiving cash of KRW 15,500,000 and KRW 10,900.

The defendant's participation in each of the frauds in this case is very heavy, and the nature of the crime is not good.

한편, 피고인은 공범들과 주고받은 ‘ 위 챗’ 메시지를 삭제하여 증거 인멸을 시도하기도 하였다.

It is necessary to strictly punish phishing crimes in consideration of the harm inflicted on our society as well as organized and planned crimes, and most of them are crimes that do not recover from damage.

In the actual case, damage recovery has not been made at all, and victims have been punished for the defendant.

more than 10.