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(영문) 대전지방법원 2018.07.19 2017노3163

사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

1. The sentence imposed by the court below (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) on the summary of the grounds for appeal is too unfluent and unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant was the first offender; (b) the Defendant was against the instant crime; (c) the actual gains that the Defendant acquired by the instant crime were not many; (d) the Defendant deposited KRW 2.5 million in the lower court for the victims; and (e) KRW 1.5 million in the lower court for the victims; and (e) each deposited in the first instance.

However, the crime of this case is committed through the phishing fraud that takes the property in a systematic and planned manner and has serious personal and social harm, and the crime of Bosishing fraud is committed in such a way as a total book, recruitment book, withdrawal book, delivery book, remittance book, etc. as well as the total liability, as well as the persons involved in the crime, the defendant was aware that he was the crime of Bosishing fraud, and was engaged in only delivery for the purpose of punishing money, and the defendant was actively involved in the crime of this case with easy awareness that he was the crime of Bosishing fraud. The crime of this case was committed by the victim of the crime of this case. One of the victims did not agree with the victims of the crime of this case. In particular, one of the victims did not recover from the victim's severe damage to the victim of the crime of this case, and it seems difficult to recover the damage in the future, and it is determined that the court below's punishment was more unfavorable to the defendant, such as the defendant's age before and after the crime of this case.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided after pleading as follows.

Criminal facts

Criminal facts recognized by the court as well as the summary of the evidence.