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(영문) 대구지방법원 2015.12.04 2015노4135
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine the judgment of the prosecutor and the defendant's arguments. The crime of this case was committed together with other accomplices in order to take part in the so-called "walphishing" crime led by the Chinese Fraud Group and to take the role of cash withdrawal in withdrawing and delivering the cash source deposited in the financial account under the name of the defendant. In light of the criminal law, the organization of the crime and planned nature, etc., the crime of "walphing" is not only to impair the security and reliability of financial transactions, to cause serious harm and danger to the society as a whole, but also to the extent that social harm is very high, because the scope of damage is unlimited and differentiated, and it is not easy to recover from damage, and it is also unfavorable that the defendant did not take into account the age limit of 3,400 only, but also to the extent that the victim's agreement was reached and did not recover from damage, but also to the extent that the defendant did not take into account the age of the defendant's wrong confession while making the crime of this case into consideration the age of his accomplice and the defendant's motive of the act of this case.

3. Conclusion.

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