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(영문) 부산지방법원 2016.04.08 2016노355
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (two years of imprisonment) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the Defendant made a confession of all the instant crimes and reflects his mistake, the fact that there is no history of criminal punishment heavier than a suspended sentence, and the fact that the actual gain of the Defendant appears to be less than five million won.

However, the crime of this case takes charge of the so-called "measures to withdraw cash" that the Defendant took part in the crime of telephone financial fraud (hereinafter referred to as "scam"), and acquired a total of 32,090,000 won by deceiving six victims. In light of the method and contents of the crime, the crime is very poor in light of the method and contents of the crime. The crime of Boscam is planned, organized, and professional against many unspecified persons, and social harm is very high, so it is necessary to strictize it, and there is no special circumstance or change of circumstances that can be newly considered after the decision of the court below was made, and it seems that the agreement with victims or the recovery of damage is not properly achieved until now, and there is no record of being sentenced to fines twice by the Act on Fraud, etc. and the Electronic Financial Transactions Act, and other crimes of this case, which are less than 1 year sentencing guidelines (the sentencing guidelines of this case, including equity in sentencing, age, sex, environment, motive and circumstance of the victim, etc.).

the lowest limit of this subsection.

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