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(영문) 부산지방법원 2015.11.26 2015노2927
전기통신금융사기피해방지및피해금환급에관한특별법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Reasons

1. The gist of the grounds for appeal is that the court below sentenced the Defendants to one year and six months of imprisonment, and the prosecutor asserts that the sentence of the court below is too uneasible and unreasonable in light of various sentencing conditions, and the Defendants asserts that the sentence of the court below is too unreasonable.

2. We also examine the Defendants and the Prosecutor’s argument on the grounds of appeal on unreasonable sentencing.

The crime of this case is a so-called Bosing, etc. committed closely and systematically against many and unspecified persons, which is a crime of which the crime of this case is committed closely and systematically, and is likely to inflict a large damage on many and unspecified persons within a short time, and is in a structural aspect that is not easy to recover from damage. Since trust relationship with the whole society has a serious adverse effect on the whole society, there is a need to strictly punish the persons involved in the crime. The Defendants take an important role in the crime of this case as a measure to withdraw or monitor the cash account transferred by the victim and deliver it to the staff of the fraudulent Crime Group. The victims want to punish the Defendants, etc. are disadvantageous to the Defendants.

However, the defendants were found to have not been punished in the Republic of Korea prior to each of the crimes of this case. Defendant A had no record of being punished in the Republic of Korea except for the crimes of violation of the Punishment of Violences, etc. Act (joint injury) around 2011; Defendant A had no record of being punished in the Republic of Korea; the victim's losses have not been realized by regulating in cash withdrawal process; and other various circumstances, including the defendants' age, character, character, environment, circumstances after the crime, and circumstances after the crime, etc., and the sentencing guidelines of the Sentencing Committee of the Supreme Court are determined to be inappropriate.

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