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(영문) 서울북부지방법원 2015.07.02 2015노694

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (ten months of imprisonment) is too unreasonable.

2. The judgment of the court below is based on the following facts: although the defendant's error is recognized in entirety, it is against the depth of the defendant, there is no criminal records in Korea, and there is no criminal records at least five months, and there is no much profit from each of the crimes of this case. The damage was confiscated and the damage was considerably recovered, each of the crimes of this case is deemed to be unfair. However, each of the crimes of this case committed by the defendant in collusion with telephone financial fraud criminal organizations, such as the name and poor winner (L) of the organization of the telephone financial fraud criminal organization, and the defendant's act of delivering physical cards, etc. obtained by the victims during the course of committing the crime of fraud, which is closely planned and organized against many and unspecified persons, the degree of participation in the crime cannot be deemed to be easy, and there is a need to strictly punish the defendant with very poor character of the crime, and the motive and circumstances leading up to each of the crimes of this case, the age before and after the crime, the defendant's age, character, and conduct, occupation, and punishment of the defendant.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, since it is clear that the victim "T" in attached list 4 of the judgment of the court below is the error of "E", the correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.