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(영문) 대구지방법원 2016.08.31 2016노2056
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a maximum of two years and six months, and a short of two years.

in heading 7.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (a long-term of two years and a short-term of one year and six months, and confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that there are cases where the defendant and prosecutor's each of the unfair sentencing arguments were examined together with the defendant and prosecutor's each of them, the defendant's mistake was divided into juveniles, the defendant has no record of criminal punishment in the Republic of Korea, and it appears that he did not play a leading role in the instant fraud crime.

However, the so-called “singishing” crime, such as the instant fraud crime, consists of organized, planned, and intelligent crimes, and serious criminal that leads to a large number of victims in a short period. The cash withdrawal shared by the Defendant in the instant fraud crime is an essential role in the establishment of the “singishing” crime, which is essential part of the establishment of the “singishing.” As such, the Defendant’s liability for the crime is weak.

In light of the fact that the crime of violation of the Electronic Financial Transactions Act is not possible, and that the crime of violation of the Electronic Financial Transactions Act is likely to undermine the safety of and trust in the access to the electronic financial transaction, this is also a major criminal of social harm, the amount of damage caused by the crime of this case exceeds 210 million won, the damage was not recovered, and the victims did not agree with the victims, and other factors such as the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, the punishment imposed by the court below is deemed to be unfair because the punishment imposed by the court below is too uneasible, and thus, the prosecutor's assertion is without merit, while the defendant's assertion is without merit.

3. According to the conclusion, the prosecutor's appeal is reasonable, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows after pleading (Provided, That as long as the prosecutor's appeal is reversed on the grounds of appeal, it shall not be dismissed separately).

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