(영문) 의정부지방법원 2016.01.22 2015노2892

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.01.22 2015노2892

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

No. 62 of the seized evidence shall be from the defendant.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. The judgment is based on the following facts: the instant fraud crime is the organized and intelligent crime of the so-called telephone financial fraud that steals money to many unspecified victims; it is difficult to regulate because the method of crime is secret and planned; there is a need for strict punishment; the crime is considerably heavy in light of the number of victims of the fraud, the frequency of the crime and the amount of the fraud; the number of access media that the Defendant acquired by transfer is not many; and there is no agreement with a considerable number of victims until now, etc. are recognized as disadvantageous to the Defendant.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the crime and against his mistake; (b) the degree of participation is relatively minor compared to the principal offender; (c) the profits acquired by the Defendant appears to be much smaller than the amount acquired by the crime of this case; (d) six victims agree with the victim G by depositing KRW 1 million in the victim G; (e) there is no other criminal record in Korea; (e) the Defendant’s family members and siblings want to take care of the Defendant while leading the Defendant; and (e) other circumstances, including the Defendant’s age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case; and (e) the Defendant’s age, motive, means and consequence of the crime of this case; (e) the circumstances after the crime of this case; and (e) the criminal records and family relations, etc., maintenance of the sentence of this case is unfair as they are, and thus, the Defendant’s assertion is reasonable.

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

Criminal facts

b) the summary of the evidence and evidence.

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