beta
(영문) 서울북부지방법원 2018.08.24 2018노929

사기등

Text

The judgment below

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

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: 2 years of imprisonment; Defendant B’s imprisonment with prison labor for a period of one year and six months) of the lower court is too unhued and unreasonable.

2. Determination

A. The crime of this case against Defendant A is a so-called "Sishing" crime that takes part in a large number of unspecified victims in a systematic and professional manner after the crime of this case was committed against Defendant A, which takes part in the role of a large number of unspecified victims, and the crime was committed through not only the total liability but also the act of taking part in subordinate officers such as withdrawals, exchange books, remittance books, solicitation of passbooks, credit card delivery books, etc., so there is a need to strictly punish the acts of taking part in the subordinate officers, and the amount acquired by Defendant A due to each of the crimes of this case is 16.5 million won or more. However, the above defendant recovered from damages to victims in the court below, while the victims wanted to take part in the above defendant's prior action, the above defendant appears to have been aware of his criminal act against the above defendant, and considering the fact that the above defendant was punished within the Republic of Korea and that there was no other force, the defendant's age and motive, the above defendant's family relation, etc., the above circumstances and the above circumstances, and the above punishment.

The above defendant's assertion is with merit, and the prosecutor's above assertion is without merit.

B. Defendant B cannot be deemed to have recovered from damage to Defendant B, and there is no doubt that the said victim expressed his intention not to punish Defendant B (the said victim received the agreed amount from Defendant A, and expressed only his intention not to punish Defendant A.

The trial records 110 pages) and Defendant B card.