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(영문) 청주지방법원 2017.08.24 2017노652
사기등
Text

The judgment below

The part of the case against the defendant is reversed, and each compensation order against the applicant is revoked.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. Determination

A. Circumstances favorable to the defendant regarding the reasons for appeal are as follows.

The defendant does not want the punishment of the defendant any longer by mutual agreement with two victims D and C in the case of a party.

There is no criminal record for the defendant, and there is no history of punishment exceeding the fine.

Circumstances unfavorable to the defendant are as follows:

The crime of this case was committed in a systematic and professional manner by sharing the roles of multiple persons according to a thorough plan, and acquired money from an unspecified number of victims by misrepresenting public authority.

The so-called phishing crime is likely to adversely affect the trust relationship of the whole society by making the general public imprucly with state agencies or financial institutions.

The Defendant, while playing the role of the liability to withdraw, made an essential contribution to the crime of Bosing.

In addition to the above circumstances, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments after the crime was committed, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

B. Ex officio determination on each compensation order portion against the applicants for compensation by the court below, the applicants for compensation by the court below submitted an agreement with the defendant and the intent not to want the punishment of the defendant. Thus, the scope of the defendant's compensation liability against the above applicants is not clear.

Therefore, each compensation order in this part cannot be maintained as it is.

3. As such, the part of the judgment below regarding the defendant's appeal is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, as the defendant's appeal is reasonable, and the following is re-written after pleading.

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