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(영문) 인천지방법원 2016.03.16 2016노210
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of one year and six months, confiscation) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and reflected, that the defendant did not have any criminal punishment in Korea, and that the victims do not want the punishment of the defendant by mutual consent with the victims.

However, in a systematic and systematic manner, the Defendant took part in the telephone financing fraud (hereinafter “ Bosing”) that induces a large number of victims and imprisonies money by deceiving them, and the Defendant took part in the withdrawal of money. As the method of crime becomes more intelligent and social damage increases, there is a need to take only cash withdrawal and delivery as well as strict punishment in the case of accomplices who are not able to gain profits from a criminal act. In light of the fact that the number of withdrawals and amounts of withdrawals by the Defendant are not large, the liability for such crime is somewhat minor.

subsection (b) of this section.

Considering the above circumstances and circumstances after committing the crime, various circumstances that are the conditions for sentencing as shown in the records and arguments of the instant case, including the Defendant’s age, environment, and sexual conduct, and the sentencing reasons of the lower judgment, even if considering the circumstances alleged by the Defendant on the grounds of appeal, the lower court’s punishment against the Defendant is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition (Article 25 (1) of the Regulation on Criminal Procedure, however, that "10,000 won" in the 18th sentence of the judgment of the court below in accordance with Article 25 (1) of the Regulation on Criminal Procedure is corrected to "9,90,000 won".

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