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(영문) 서울남부지방법원 2017.08.25 2017노869

사기

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

. Prosecutors;

Reasons

1. Summary of grounds for appeal;

A. The punishment (two years of imprisonment) imposed by the court below against Defendant A (the defendant and the prosecutor) is too heavy or too unhued (the defendant).

B. The sentence (10 months of imprisonment, 2 years of suspended execution) sentenced by the court below against Defendant B is too unhued and unfair.

2. Determination

A. We also examine Defendant A’s wrongful assertion in sentencing with the Prosecutor.

The so-called "Sishing" crime is planned, organized, intelligent, and consequence of the underwater law, and is serious, and the social harm caused thereby is also serious, and the quality of the crime is very poor.

In addition to the total amount of liability, there is a need to strictly punish the subordinate employees' participation in the crime through the activities of subordinate staff such as withdrawal, money exchange, remittance, solicitation of passbooks, and credit card delivery.

Since the Defendant served as a superior officer to collect and withdraw the accounts to be used for the criminal conduct of Bosing, and to deliver the withdrawn amount to the superior officer, the degree of participation is more severe, and the Defendant committed the criminal conduct of Bosing more than twice, and the total amount of damage is more severe than KRW 59 million.

On the other hand, in full view of the fact that the Defendant has no record of punishment, all of the charges are recognized, and the errors are divided, the victim H and the injured party wanted to take the Defendant’s preference, and all of the sentencing conditions shown in the records and arguments in this case, the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s unfair argument of sentencing is reasonable.

B. As seen earlier, there is a need to strictly punish Defendant B’s act of taking part in the subordinate officer.

However, the defendant's simple withdrawal is easy to take part, and the amount of damage to the part in which the defendant participated is about KRW 17 million.