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(영문) 서울서부지방법원 2019.07.18 2019노515

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum term of two years and a short term of one year and six months.

The seizure of articles 1 through 1.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendant (a long-term two years and six months of imprisonment, a short-term one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s allegation of unreasonable sentencing.

The instant crime was committed by the Defendant: (a) conspireds the Defendant’s name and phishing crimes; (b) misrepresenting the employees of the Financial Supervisory Service by taking part in cash collection measures; and (c) falsely receiving the fraudulent damage from the victims; and (d) conveyed the money to the accomplices; (b) the victims are multiple persons, and the amount of fraud was 10

Since the Singishing crime is highly harmful to society by systematically and systematically against many unspecified victims, causing a big economic difficulty to the victims, and impairing the trust among the members of society, it is necessary to strictly punish the subordinate participants.

On the other hand, the defendant shows his attitude to accept and reflect all the crimes of this case.

Defendant was over 17 years of age, and was unable to receive care from his parents in China. He entered Korea in September 2018 and was part in the crime of this case while he was faced with difficulties in living due to his age, such as being unable to receive monthly wages, on the ground that he did not receive care from his parents.

There is no criminal history against the defendant, and the defendant does not have any direct profit from the crime of this case.

In addition, after committing the last crime on January 31, 2019, the defendant thought that he would no longer commit the crime, and there seems to be a circumstance to avoid contact with the accomplice.

In addition, the lower court’s judgment is to comprehensively consider all the sentencing conditions shown in the instant pleadings, such as the Defendant’s career, character and conduct, family relationship, means and methods of committing the crime, and the circumstances after committing the crime.