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(영문) 서울서부지방법원 2015.08.27 2015노492
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Seized evidence 1 to 6 shall be confiscated, respectively.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and confiscation) is too unhued and unfair.

2. The circumstances are favorable to the defendant, such as the fact that the defendant led to the confession of the crime, the fact that the defendant intentionally took part in the crime under the circumstance that the defendant was economically difficult, and the fact that the defendant has no particular criminal power except for those punished once by a fine due to the violation of the Road Traffic Act.

However, the crime of telephone financial fraud, like this case, is likely to cause harm to the victims, their families, and society by sharing a large number of people's roles, planning it closely, and forming an unspecified number of unspecified victims, and thus, it is highly necessary to strictly punish the defendant. The defendant is not easy to commit a crime that takes charge of delivery of physical cards used for the crime of telephone financial fraud with awareness of illegal mitigation, and the defendant's daily profit is considerable amount of 10 million won (Evidence No. 489 of the evidence record), but it is not easy to agree with the victims, and there is no circumstance that the defendant made efforts to recover damage.

In addition, considering the motive and background of the crime, the degree and duration of participation in the crime, the circumstances after the crime, the degree of damage, the defendant's career, character and conduct, the environment, and all the sentencing conditions shown in the pleading, the punishment sentenced by the court below is too uneasible and unfair.

Therefore, the prosecutor's assertion is justified and the sentence of sentence is inevitable.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Criminal facts

Criminal facts and the summary of evidence recognized by this court are all the judgment of the court below.

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