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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 인천지방법원 2016.10.21 2016노3268
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant's punishment (one year and four months of imprisonment and confiscation) declared by the court below is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. We examine the reasoning of the judgment and the prosecutor together.

On the other hand, each of the crimes of this case constitutes an intelligent fraud through the so-called “singing” or “singinging”, in which the defendant receives money from many and unspecified persons as members of a criminal organization by telephoneing and taking money from the victims as a member of a foreign criminal organization. In the case of fraud such as singing, taking advantage of its social and economic harm, the crime is very serious, and the arrest of the criminal is not easy. It is highly necessary to prevent recurrence by strictly punishing the defendant involved in the withdrawal of transferred money, and the defendant is also involved in the solicitation of withdrawals of money, as well as the removal of transferred money, and there is no record of criminal punishment for the same crime. The degree of participation in the crime of this case seems considerably significant, such as reporting the situation directly to a foreign criminal organization, the number of damage caused by the crime of this case is considerably limited to the number of times, the circumstances and circumstances of the defendant’s participation in the crime of this case to the extent that the defendant did not have any unfavorable means and conditions, etc.

3...

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