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(영문) 부산지방법원 2016.12.01 2016노3663

사기등

Text

The judgment below

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

Defendant

A shall be punished by imprisonment for eight months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal asserts that the Defendants’ respective punishments (one year of imprisonment, one year of confiscation, two years of imprisonment, and two years of confiscation) declared by the court below against the Defendants are too unreasonable, and that the prosecutor is too uneasible and unfair.

2. Determination

A. We examine both the defendant A and the prosecutor's assertion of unfair sentencing.

The crime of Bophishing, in which the defendant participated, is committed in a planned, systematic and intelligent manner by misrepresenting a financial institution or a public institution against many and unspecified persons. It not only causes damage to many good citizens, but also causes damage to a large number of people, such as undermining trust in a financial institution or a public institution, and promoting a frightenness in society as a whole, and thus, it is highly likely that the role of the participants or personal gain is not significant. There is a need for strict punishment even though there is no significant amount of damage from each of the of the of the of the of the of the crimes in this case, even though there is no substantial amount of damage, there is no recovery of damage at all, and there is no agreement with the victims, and the defendant has been punished several times, such as imprisonment with prison labor for fraud, etc., and around 207, there is a history of punishment for the crime

However, in light of the favorable circumstances, such as the Defendant’s age, character and conduct, environment, background of the instant crime, degree of participation, and circumstances after the instant crime, etc., the sentence imposed by the lower court is unreasonable in view of all of the following factors: (a) the Defendant appears to have committed the instant crime; (b) the Defendant is not the principal offender of the instant crime; (c) the period of participation in the instant crime appears to have been relatively short and acquired; and (d) the Defendant’s health is not good; and (e) other favorable circumstances, such as the Defendant’s age, character and conduct, circumstances, degree of participation,