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(영문) 서울북부지방법원 2016.12.23 2016노2227
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the original court which has been sentenced to the summary of the reasons for appeal is too unreasonable;

2. It is recognized that the profit acquired by the defendant is less than 300,800 won which is less than 9,990,000 won which is the total amount acquired, and is in the position to support the family.

However, on April 16, 2015, the Defendant had the record of being sentenced to the suspension of indictment against the charge of violating the Electronic Financial Transactions Act from the Gu's District Prosecutors' Office on the charge of violating the Electronic Financial Transactions Act. Nevertheless, the Defendant offered an account number to be used in the so-called Bophishing crime, and upon the deposit of the damage, the Defendant took an essential role in the entire Bophishing crime by withdrawing it in cash and delivering it to the Bophishing staff. The Bophishing crime is an organized crime involving many unspecified persons, and requires strict punishment in light of the circumstances, such as the fact that there is a great economic damage and the foundation of trust, which is assets of our society, and that the damage has not been recovered to the trial, there is no change in sentencing conditions to be newly considered in the trial.

Therefore, it is not recognized that the sentence imposed by the court of original judgment is too unreasonable because it is too large.

3. 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.

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