beta
(영문) 인천지방법원 2016.03.25 2016노291

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (one hundred months of imprisonment) is too unreasonable.

2. Although the judgment of the court below has favorable conditions to the defendant such as recognizing the defendant's mistake and opposing it, the crime of this case constitutes an intelligent fraud by the so-called "Sishing" through which the defendant received money from the victims by phoneing to many and unspecified persons in Korea as a member of the criminal organization. In the case of the crime of Bosing fraud, even though the social and economic harm is serious, the crime is very organized and the arrest of the criminal is not easy. Thus, it is highly necessary to prevent the recurrence of the transferred money by seriously punishing the act of taking part in the withdrawal of the transferred money. Nevertheless, it does not seem that the defendant made any effort to recover damage, and there is a history of having been sentenced to imprisonment for the same kind of crime prior to the crime of this case, and all other conditions of the punishment of this case, such as the defendant's age, sex, criminal conduct, environment, background, motive, means, means and consequence, size, etc., should be considered in light of the punishment of this case.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.