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(영문) 의정부지방법원 2017.12.19 2017노2981
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence referred to in subparagraphs 2 through 11 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The Defendant recognized the instant crime and reflected the mistake.

The defendant has been punished three times for a crime of double-class, and has no record of being punished in excess of the same or similar crime or fine.

The defendant appears to have been involved in the crime of this case because of economic difficulties in working as social service personnel, and the period of actual participation or profit gained seems not to be significant.

However, the instant crime is a so-called “Sishing” crime or an offense aimed at such a crime, which is planned and organized against many and unspecified persons, and is highly harmful to not only the victims, but also the overall family and society by sharing and planning the roles of a large number of people, and by massing an unspecified number of victims.

The Defendant takes charge of the role of withdrawing the amount of receiving from the victims to another person’s account and delivering it to another officer, or receiving and keeping an access medium, which serves as the means for committing a “Sing” crime. This is an essential part for securing the amount of receiving and completing a crime by securing the proceeds of the phishing organization, and the degree of sharing the amount of sharing the same is not easy.

Considering the fact that the Defendant directly withdraws out of the sum of 41,070,000 won for three victims, the sum of which is KRW 1,1560,000,000, and that the Defendant did not agree with the victims or did not recover from damage, it is inevitable to punish the Defendant with heavy penalty.

The general amounts of punishment in these circumstances, and in the same and similar cases, shall be balanced, and the age, sex, environment and crime of the defendant.

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