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(영문) 서울중앙지방법원 2017.05.26 2017노1080
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment sentenced by the court below (the defendant A: three years of imprisonment, and two years and six months of imprisonment) is too unreasonable.

B. The above punishment imposed by the court below on the Defendants by the prosecutor is too unfortunate and unfair.

2. We examine the grounds for appeal by the Defendants and the Prosecutor.

The crime of this case is a so-called “sing” crime committed on a systematic intelligent basis for an unspecified number of victims.

Such a Singishing crime is not very good to commit a crime that impairs the safety and order of trading and public trust.

The Defendants served as a telephone counselor who is a guide, and the above roles performed by the Defendants are essential in the singing criminal organization.

The Defendants transferred their organization to scam and scam. In particular, Defendant A did not share a role within the organization, such as: (a) the Defendants transferred the organization to scamscam to scamscam; and (b) the Defendants transferred the organization to scamscam to receive a certain ratio from the profits of the counselors recruited.

The amount of damage caused by each of the crimes in this case exceeds 00 million won.

The damage caused by the instant crime was not recovered.

Such circumstances are disadvantageous to the Defendants.

However, the Defendants have shown an attitude to make a confession of all the crimes of this case and to reflect in depth the mistake.

Defendant

A has no record of being punished in excess of the fine prior to the crime of this case, and Defendant B is the primary offender.

The actual income actually earned by the Defendants from the instant crime is not so big compared to the total amount of profit.

In full view of the degree of punishment of other accomplices within the host organization, such as these various circumstances, the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and arguments, including the circumstances after the crime.

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