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(영문) 인천지방법원 2016.12.16 2016노4370
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below on the defendant (eight months of imprisonment) is too unhued and unfair.

2. Each of the instant offenses constitutes an intelligent fraud by the so-called “Sishing,” where the Defendant, as a member of the criminal organization, wired money from the victims by phoneing to many and unspecified persons in the Republic of Korea. In the case of the crime of Bosing fraud, even though the social and economic harm is serious, it is not easy for the Defendant to arrest the criminal. Although the Defendant’s act of taking part in the withdrawal of transferred money is highly likely to be seriously punished, there is a great need to prevent recurrence, there are circumstances unfavorable to the Defendant, such as: (a) the Defendant recognized the Defendant’s mistake and reflects; (b) the victim F appears to have recovered the victim from the account suspension of payment; and (c) the victim’s name, character, environment, health condition, the details, motive, means and consequence of the crime, size, frequency, etc. of the crime; and (d) the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

3. Therefore, the prosecutor’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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