beta
Cases
2018No2818 Fraud
Defendant
○ Kim
Appellant
Defendant
Prosecutor
Yellow Jinia (Public Prosecution) and Pool (Public Trial)
Defense Counsel
Attorney Choi Jin-gu District Court Decision 2018 Godan1952 Decided July 24, 2018
Imposition of Judgment
October 26, 2018
Text
The judgment of the court below is reversed.
Defendant shall be punished by imprisonment for a term of two years and eight months.
Reasons
1. Summary of grounds for appeal;
The punishment sentenced by the court below to the defendant (three years of imprisonment) is too unreasonable.
2. Determination
The crime of this case is a so-called "phishing" criminal committed in a planned and systematic manner against many and unspecified persons. The crime of phishing committed by the defendant is very poor in the course of the crime, as well as the social harm and injury caused by the crime requires to be strict to the participants, and the defendant shall obtain a total of KRW 115,170,000 from the nine victims, but it is recognized that the defendant did not reach an agreement with the victims.
However, it is recognized that the defendant's recognition of the crime of this case is against the defendant, the defendant is the first offender who has no criminal records, the defendant appears to have cooperated with the investigation agency after the arrest, and the defendant's family members want to take the lead to the defendant and take the action.
In addition, considering various circumstances such as the defendant's age, character and conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., the sentence of the court below is considered to be too unreasonable. Therefore, the defendant's assertion is reasonable.
3. Conclusion
Therefore, the defendant's appeal is justified, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.
Since the summary of facts constituting an offense and evidence recognized by the court is the same as the description of each corresponding column of the judgment below, it shall be quoted as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Article relevant to the facts constituting an offense and the selection of punishment;
Articles 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act; 1. The former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act
Judges Shin Jin-jin
Judges Park Gi-mo