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(영문) 인천지방법원 2015.12.18 2015노3963
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below against the defendant is too unreasonable.

2. It is recognized that the judgment was based on the fact that the defendant recognized the crime of this case, and that the defendant did not have much profits from the crime of this case.

However, the crime of this case, in which the defendant's participation is planned and organized against many unspecified persons, is the so-called "singing" crime that is committed in a systematic and systematic manner, and the nature of the crime is inferior and social harm is very high, and strict punishment is required. The defendant's role is an essential role in the success of the crime in the final profit realization stage, and the degree of participation is not less than that of the crime. In particular, "organization fraud (amount less than 100 million won)" such as this case is defined as the basic area of sentencing 1 year and 6 months, maximum three years, and maximum three years, and there exist aggravated factors of punishment; the victim's damage is not recovered; the victim's damage is not recovered; the defendant's age, character and conduct, motive and circumstance leading to the crime of this case; and all the circumstances in the records such as the crime before and after the crime.

Even if the sentence imposed by the court below is too unreasonable, it is difficult to accept the defendant's argument.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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