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(영문) 서울북부지방법원 2015.04.23 2015노361

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the defendant (one hundred months of imprisonment and confiscation) is too unreasonable.

2. Although the judgment of the court below is based on the following facts: although the defendant was found to have suffered from the trial for the first time and the part denied by the court below, there is no record of a crime in Korea; there was no profit gained from each of the crimes in this case for about five months; his mother and her mother are leading the defendant to each of the crimes in this case; however, each of the crimes in this case was committed by the defendant in collusion with the name and non-scam (one "F") of the organization of telephone financial fraud organization; and the defendant served as a role of delivering physical cards, etc. obtained by the victims to many and unspecified persons in the course of committing the crime of fraud; the degree of participation in the crime is not easy; there is a need to strictly punish the defendant without the nature of the crime in this case; and there is no other need to punish the defendant significantly, considering the motive and circumstance leading up to each of the crimes in this case, the defendant's age before and after each of the crimes in this case, the defendant's occupation, character and behavior, occupation, and circumstances, etc.

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 X, No. 7 of the annexed crime sight table in the decision of the court below, "X" is a mistake of "S", it shall be corrected ex officio in accordance with Article 25 (1) of the Regulation on Criminal Procedure.