(영문) 서울남부지방법원 2018.05.24 2018노336

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2018.05.24 2018노336

사기

Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A conspireds with the employees of Bosing phishing, and Defendant B transferred money to the Chinese account by exchanging it into the Chinese scam, the case is significant and highly poor in view of the serious harm and danger of the scam crime, the Defendants’ role in the completion of the Bosing phishing crime is a key part in the completion of the Bosing phish crime, and there is a need to strictly punish Defendant A of the crime of delivering the amount of damage to the State who resides in a foreign country to extract the crime in light of the characteristics of the Bosing phish crime. In light of the above, the punishment sentenced by the lower court against the Defendants (Defendant A, 1 year, Defendant B, and KRW 7 million) is too unreasonable.

B. In light of the following facts: (a) Defendant A’s mistake reflects the Defendant’s depth; (b) the Defendant took part in the instant fraud as a mere delivery method; (c) the Defendant’s profit derived from the instant crime was 250,000 won or more; (d) the Defendant fully repaid the victim’s damage amount to KRW 5 million; (e) the victimized person expressed his intention to punish the Defendant; (c) the Defendant had no history of criminal punishment in the Republic of Korea; (d) there was no history of criminal punishment in the Republic of Korea; and (e) there was a situation in which the Defendant would be forced prosecution in the Republic of Korea where there is no family member; and (e) the Defendant is obliged to support the negligent money being treated for her own cancer. In so doing, the sentence imposed by the

2) Defendant B’s mistake reflects the Defendant’s depth, the Defendant was entirely unaware of the fact that he was associated with the crime of Bosing, and the Defendant supported her mother by living together with her mother who was diagnosed with her own womb, such as medical expenses and living expenses. The Defendant is subject to criminal punishment during his life in the Republic of Korea with the young age of 20 years.

유사 판례

-인천지방법원 2018.03.30 2017노4374

-인천지방법원 2018.04.13 2017노4663

-인천지방법원 2017.12.20 2017노2519

-서울북부지방법원 2018.10.18 2018고단3183

-서울중앙지방법원 2018.06.21 2018고단2464