beta
(영문) 대구지방법원 2019.10.17 2019노2824

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (each of the crimes of No. 1 at the time of filing the appeal: fine of KRW 3 million, and each of the crimes of No. 2 and No. 3 at the time of holding the appeal: Imprisonment with prison labor of KRW 10 months) is too unreasonable.

2. The Defendant recognized a mistake and reflected against the victim, and the victims do not want to be punished by the victim under an agreement with the victim D, F, H, X, AB, AE, AF, AH, and AI.

However, the crime related to Bosing is committed in a systematic, planned, and intelligent manner to cause serious damage to many unspecified victims, and it is not easy to recover the damage, and there is a need to punish the persons who committed the crime in a general and preventive manner because the social harm caused by it is very serious.

In addition, the accused's fraudulent conduct is not significant amount of damage, but is limited to many and unspecified persons.

The defendant has been punished several times for the same fraud, theft, and the Electronic Financial Transaction Act violation crimes, and the defendant committed the crime of Article 3 of the judgment during the period of repeated crime due to the same fraud crime.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.