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(영문) 대전지방법원 2020.04.09 2019노3895
사기
Text

The judgment below

Part concerning Defendant A, B, and C shall be reversed, respectively.

Defendant

A, in two and half years of imprisonment, Defendant B.

Reasons

1. The summary of the grounds for appeal (e.g., sentencing of the court below (e., sentencing of the defendant A): three years; two years; imprisonment of the defendant B; imprisonment of the defendant C; imprisonment of the two years and six months; imprisonment of the defendant D; August 8; and imprisonment of the defendant E) are excessively unreasonable.

Defendant

D was the ground for appeal to the effect that only the mistake of facts that he/she left from the public offering relation was dismissed from the above argument after the lapse of the period for appeal, and the assertion of unfair sentencing was newly made. Although the above argument of unfair sentencing cannot be a legitimate ground for appeal, it shall be examined ex officio as to this part, as examined below.

2. Determination

A. Defendant A, B, and C received money from the victims by participating in the Bosing phishing crime. In light of the fact that the Defendants participated in the Lsphishing crime with a significant social hazard, the degree of participation cannot be deemed minor, such as making a false representation while making a direct telephone conversation with the victims, and that the degree of participation cannot be deemed minor, such as making a false and systematic criminal act against many victims for a long time, and that the damage amount reaches a large amount of KRW 0,000,00, the Defendants need to bear strict liability corresponding thereto.

However, the defendants led to the confession of the crime and are against the defendant, and the defendant A is the victim BG, BL, L, BM, BO, BP, BJ, Q, Q, Q, H and the defendant C have agreed with the victim Q, F, B and B, and the defendant C have not want to be punished against the defendants. The defendant B and C are the first offender with no criminal power, taking into account the circumstances favorable to the defendants. In addition, the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc. are considered as a whole.

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