logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산고등법원 (창원) 2020.05.20 2019노333
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not less than two years and six months.

Defendant

A.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below to the defendants (two years and six months of imprisonment, and three years of imprisonment) is too unreasonable.

The sentence imposed by the prosecutor by the court below to the defendants is too unfortunate and unfair.

Judgment

Defendant

A hereinafter referred to as “Defendants” in this subsection.

The fact that the defendant recognized each of the crimes of this case and divided the error in depth, the role of the defendant in the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is not much in comparison with the amount of damage amounting to KRW 980,900,000. The fact that there is no record of criminal punishment exceeding the fine, etc. is favorable to the defendant.

On the other hand, the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) among each of the crimes in this case is very serious since the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is organized, intelligence, and day-to-day, and it does not make it easy to detect it and arrest it, and designing a crime closely by creating a false stock investment site, and in view of the method of crime and the amount of fraud, etc., the crime of violation of each of the crimes in this case is very serious. The crime of violation of the Telecommunications Business Act in each of the crimes in this case is committed through opening mobile communication terminal devices under the name of another person on the condition of providing funds, and it is not easy to take measures in light of the method of crime and frequency of crime. In particular, the crime of Bophishing is highly serious since the Act on the Aggravated Punishment, etc. of Specific Economic Crimes is organized, intelligence, and day-to-day and it is difficult to prevent damage.

arrow