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(영문) 의정부지방법원 2016.04.07 2015노3412

전기통신금융사기피해방지및피해금환급에관한특별법위반

Text

The defendant's appeal is dismissed.

Reasons

The sentence (one year and six months) imposed by the court below on the defendant is too unreasonable.

Judgment

It is recognized that the defendant has no record of punishment heavier than the fine.

However, each of the crimes of this case is that the defendant took part in the so-called phishing fraud by providing a bank account in his name and withdrawing the money by defraudation.

The total amount of damage caused by each of the crimes of this case reaches approximately KRW 85 million, and the damage was not recovered to the trial of the party.

The defendant has been punished as a crime of fraud in the past.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.

However, since it is clear that "C" at the last page of the judgment of the court below is a clerical error, it is decided to correct it ex officio pursuant to Article 25 (1) of the Regulation on Criminal Procedure as "O". It is so decided as per Disposition.