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(영문) 서울중앙지방법원 2017.09.22 2017노2350
사기
Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C and D shall be punished by imprisonment for each two years.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (defendant A: imprisonment of three years and six months; imprisonment of one year and six months; imprisonment of one year and six months; imprisonment of two years and six months; and imprisonment of two years and six months) declared by the court below is too unreasonable.

B. The above sentence imposed by the court below to Defendant B of the public prosecutor is too uneasible and unreasonable.

2. Determination

A. Defendant A appears to have an attitude to make a confession of all the crimes of this case and to reflect his mistake, and the fact that the Defendant had no record of criminal punishment in the Republic of Korea prior to the crime of this case is favorable.

However, the sentencing of the court below seems to have been made in full consideration of these favorable circumstances, and there are no special circumstances or changes in circumstances that may newly consider the sentencing in the appellate court.

In particular, the so-called Boishing crime, which is systematically and systematically planned for many unspecified victims, is not very good that it impairs the safety and order of trading and public credibility.

The defendant managed books to be withdrawn in the Republic of Korea and was in charge of overall management of withdrawal and remittance.

The amount of damage caused by the defendant's participation exceeds KRW 100 million.

In full view of these circumstances, considering the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and all of the conditions of the sentencing indicated in the instant records and the previous theories, such as the circumstances after the commission of the crime, the lower court’s sentencing cannot be deemed to be unfair due to excessive disregard.

Therefore, the defendant's assertion is not accepted.

B. We examine Defendant B and the Prosecutor’s argument together.

As seen above, the phishing crime is highly harmful to the society.

Such crimes are often conducted not only through the participation of subordinate officers such as books of withdrawal, money exchange books, remittance books, books of solicitation of passbooks, and cards delivery books.

The crime cannot be committed without the participation of the above subordinate staff.

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