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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2019.07.18 2019노1224
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

2. The facts charged are recognized and reflected by the Defendant; the Defendant was arrested as the instant crime only on a day from the entry of the Defendant; and there was no additional crime; and the fact that the criminal proceeds distributed by the Defendant were confiscated and there was no economic benefit gained by the Defendant is favorable to the Defendant.

However, the crime of this case is a so-called "Singing" fraud that is planned and organized against many unspecified persons and leads to a large number of victims, and its nature is not very good, and its social harm is also serious. Such a crime is committed in a sector by taking part not only in the general responsibility but also in the activities of subordinate staff such as the defendant. Therefore, it is highly necessary to strictly punish such an act of participation.

In addition, the amount of damage caused by the instant crime is not so much, and the damage suffered by the victim C was not completely recovered except for the amount of 400,000 won temporarily returned, and the damage recovery is deemed impossible in reality.

In full view of all the sentencing conditions, such as the Defendant’s age, character and conduct, environment, background and consequence of the commission of the crime, the scale and consequence of the crime, and the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate, and it does not seem to have exceeded the reasonable scope of discretion because it is too unreasonable.

On the other hand, the defendant's evidence Nos. 2 (Honor mobile phone) obtained all evidence through his siren, so it is not necessary to continue seizure, and his/her family photograph, etc. is stored on a mobile phone, and thus his/her return is sought.

According to the records, the defendant, using the above mobile phone, dialogues with his name and Qu Messen, who is an accomplice, or photographs of the place of crime.

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