logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.07.10 2015노436
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant are as follows.

Defendant made a confession of all the crimes of this case and reflects his mistake.

The Defendant knew of the receipt and delivery of the name of the Defendant, and provided information necessary for arresting other organizations of Bosing crimes.

There is no particular criminal history except for minor criminal records of a fine once for the accused.

The circumstances unfavorable to the defendant are as follows:

The Singishing crime constitutes a serious crime that causes damage to an unspecified number of victims, which is difficult to recover in a planned and systematic manner, and thus requires strict punishment.

In recent years, there are serious impacts on social order and morals such as intelligence, sophistication, and harming the damage of good citizens.

The defendant's act of sharing the burden of telephone directly induces victims, which constitutes a significant role in the crime of this case, and thus, the degree of his participation cannot be deemed to be negligible.

The Defendant, as a result of the instant crime, obtained approximately KRW 25 million from the instant crime, which is not only a significant profit but also a big amount compared to other accomplices’ profit.

The performance of damage was not made.

In addition, in light of the various sentencing factors and accomplices, such as the Defendant’s age, character and conduct, motive, means and method of committing the instant crime, and circumstances after committing the instant crime, the lower court, even in view of the fact that the Defendant voluntarily surrendered and provided information necessary to arrest any other scaming crimes, considering the degree of contribution by the Defendant to the instant crime, the form and circumstances of the participation in the crime, the period of the crime, and the profits gained from the crime.

arrow