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(영문) 서울중앙지방법원 2013.05.30 2013노1110

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is too unreasonable in light of the circumstances leading to the Defendants to commit the instant crime and the circumstances under which they are currently faced. The sentence against the Defendants (the Defendant A shall be sentenced to one year and eight months of imprisonment, and the Defendant B shall be sentenced to one year and six months of confiscation, and one year and six months of imprisonment) is too unreasonable.

2. However, although the defendants did not have the criminal power in the Republic of Korea, and there appears to be a form of recognizing and opposing their own crimes until the trial of the case. However, since the crime of this case is an intelligent fraud by the so-called "phishing," which receives money from the victims by telephoneing to many and unspecified domestic persons, and damages are significantly spread, it is highly necessary to punish the persons involved in the crime. The circumstances alleged by the defendants are already considered in the sentencing of the court below, and the circumstances alleged by the defendants are already considered in the sentencing of the court below. In light of the defendants' age, character, conduct and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., the sentence of the court below against the defendants is recognized as appropriate, the defendants' arguments cannot be accepted.

3. According to the conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.