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(영문) 서울서부지방법원 2018.02.08 2017노1632
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of imprisonment) is too unreasonable.

2. It is recognized that the judgment is based on the following facts: (a) the Defendant led to confession and reflects the instant crime; (b) the primary offender; and (c) the Defendant’s profits acquired from the instant crime fall short of the total amount of defraudation.

However, the so-called "Sishing" fraud crime like this case is a crime committed in a systematic and planned manner against many unspecified victims, and there is a high need to strictly punish them. The defendant assumes the role of a counselor who directly induces victims by misrepresenting the staff of SBI Savings Bank at the Cheongscing Center located in the Do of China, China, and the attitude and degree of the defendant's participation in the crime are considerably significant; the victims of the crime of this case are majority, the total amount of the victims is 8,310,000 won; the victims are not recovered properly; however, there is no change of circumstances that may be considered favorable to the defendant at the trial of this case; the defendant's character and behavior, environment, the details and result of the crime of this case, and the circumstances after the crime, etc., the defendant's argument that the punishment of the court below is too unfair is not justified.

3. In conclusion, 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 without merit. It is so decided as per Disposition.

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