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(영문) 광주지방법원 2018.11.08 2018노2541
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The fact that the Defendant was in the first instance and against all of the crimes, and that the Defendant had no record of punishment exceeding the same criminal history and fine prior to the instant case is favorable to the Defendant.

On the other hand, the following is disadvantageous.

The so-called phishing crime, such as the Defendant’s instant crime, is a crime of which the entire nation of the Republic of Korea is a crime, and which is a non-discriminatory low-discriminatory crime by misrepresenting the various state agencies and financial institutions, and is extremely poor.

This crime is very difficult to arrest the main offenders from the investigative agency because they reside or operate as a occupied organization abroad, and even though the number of crimes becomes a big social problem, the various methods of crime are terminated, and the crime is more extreme, and there is a high need for general prevention through strict punishment.

In light of this point, the role of the criminal who participated in the phishing crime is merely a simple participation and is not a benefit that he or she has acquired individually.

Even if there is a need for strict punishment.

In addition, the defendant's participation degree, role, and profit acquired by the defendant through the crime is heavy in view of the fact that the defendant's profits are not significant.

It is not likely that the victims have not been compensated at all, and there is no possibility that they will be compensated in the future.

In addition, comprehensively taking account of various sentencing conditions shown in the pleadings of this case, such as the defendant's age, sex, environment, and circumstances after the crime, the defendant's assertion is without merit, since it is not recognized that the sentence of the court below is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is groundless.

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