beta
(영문) 인천지방법원 2017.04.28 2017노369

사기

Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The punishment of each court below (one year of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. Determination

A. There are extenuating circumstances such as Defendant A’s mistake against himself, the absence of the same criminal history, and the return of the victim’s damage.

However, the telephone financing fraud crime, like the crime of this case, under the Bosing Code, is serious and has serious social harm, and there is a need to strictly punish the person who has participated in the crime in any form, as well as the total amount of the punishment, in a planned and systematic manner, through division of roles among subordinate staff, such as inducement, solicitation, withdrawal, delivery, surveillance, etc., as well as the crime of this case. The defendant committed the crime of this case even though he had been active as a means of credit card delivery and had been already controlled by the police, and again committed the crime of this case, even though he had been already controlled by the police, the defendant committed the crime of this case. The defendant did not accept the defendant's assertion on the grounds that the lower court's punishment is too unfair because he did not accept the defendant's punishment because he committed the crime of this case by taking full account of all the following factors such as the defendant's age, sex, environment, and circumstances after the crime.

B. Defendant B’s crime of this case is a serious social harm due to a telephone financing fraud crime under the Bosing Act, and is being committed in a planned and systematic manner through the act of sharing roles among subordinate officers, such as incentives, solicitation books, withdrawal books, delivery books, surveillance books, etc. as well as the total amount of liability, and thus, it is necessary to strictly punish a person who participated in the crime in any form.

However, it appears that the crime of this case was committed while the defendant reflects his mistake, has no record of criminal punishment, the victim's amount of damage was returned, and the defendant suffered difficulties in seeking jobs due to a sudden delay in the fourth degree.