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(영문) 인천지방법원 2018.06.07 2018노789

사기등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and two months.

Nos. 1 through 4 of seized evidence.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a punishment of one year and six months, confiscation) is too unreasonable.

2. The crime of telephone financial fraud, such as the crime of this case, is a major crime committed by the economically disadvantaged persons (one of the above crimes) and resulting in more difficult situations to make the victim more difficult by making use of the poor circumstances. The crime is very bad and social harm to the victim as well as the direct victim, financial institutions of ordinary members, and other trading partners, etc., and the crime is mainly committed in relation to the organization of crime, and it is very planned and organized as well as the crime itself is committed mainly in relation to the organization of crime, and it is virtually very difficult to recognize interview and expertise and recover the amount of fraud. Furthermore, given that the above organizational criminal attitude, etc. is aimed at preventing the tracking of investigation agency, it is necessary to punish not only the victims who led to the crime, but also the victims who were involved in the crime of this case, such as collection or transfer, and it is necessary to punish the accomplice who is sufficiently aware of the need to directly commit the crime of this case.

Along with quasi-written misrepresentation that he/she is an employee of the Financial Supervisory Service and directly conveyed money to his/her accomplices (a part of the crime is arrested in and attempted to commit an act in the act of committing an offense). The Defendant’s attitude of committing an offense is the so-called “performance” or “an act of collecting the first cash,” and the degree of his/her participation should be deemed to be considerable as an essential element for the realization of the crime in question, and three victims.