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(영문) 대구지방법원 2016.01.07 2015노4442

사기등

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All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal (unfair sentencing) asserts that the Defendants are too unfasible and unfair as they are too unfasible with respect to each sentence of the court below (defendant A: 2 years and 6 months long-term, 2 years short-term, 1 year long-term, and 10 months short-term).

2. The Defendants, who recognized the mistake of the instant crime, reflect in depth, and did not repeat the crime.

Defendants still have the possibility of age leading, and prior to committing the instant crime to a foreigner, there is no particular criminal history in Korea.

Of the amount of fraud of this case, the amount of damage was restored to the victim, and it is also recognized that the defendants actually acquired the benefits of this case is not much much.

On the other hand, the Defendants committed a so-called “singing” crime that actually causes damage to an unspecified number of victims by a planned and systematic method, and the nature of the crime is very poor. The Defendants’ role of the so-called “singing out” of the so-called “sing out” in which the Defendants performed the Defendants is deemed to be somewhat weak to the degree of their participation as an essential part in the completion of the crime as an essential part.

subsection (b) of this section.

Even though the amount of damage caused by the instant crime is not specified, the damage was completely recovered or did not reach an agreement with the victims, even though the amount of damage was not specified ( approximately KRW 200,000,000 in total, and approximately KRW 64,00,000 in total, part of Defendant A’s participation).

Defendant

A has already been arrested as a measure of the withdrawal of the so-called "phishing", and A has committed the same crime without being aware of it.

In light of the contents of the crime of this case, it is inevitable to punish the Defendants for a considerable period of time, and there is no new data or change of circumstances to consider sentencing after the judgment of the court below.

The above Defendants are shown in the records and arguments, such as the age, sex, and environment of the Defendants, as well as the unfavorable and unfavorable circumstances.