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(영문) 인천지방법원 2014.08.14 2014노1920
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year and two months of imprisonment), the prosecutor asserts that the punishment is too uneasible and unfair, and the defendant asserts that the punishment is too unreasonable.

2. On the grounds for appeal by the public prosecutor and the defendant, we examine together with regard to the judgment and the reasons for appeal by the defendant, the confession of the defendant, the amount of the directly withdrawn by the defendant is about 83 million won, and the profits acquired by the defendant from the crime of this case are not significant. The crime of this case is disadvantageous to the fact that the crime of this case is committed by telephone financial fraud (the above 's 's 's 's 's 's 's 's 's 's 's '), which is systematically and systematically acquired money to many victims by misrepresenting the prosecution investigator by misrepresenting the prosecution investigator, and it is very poor in the nature of the crime. The Bos phishing crime requires a strict punishment in the case of sewage or withdrawal measures which are not much more beneficial to the profits gained from the crime. The victim of the fraud of this case reaches about 25 million won and the amount of damage reaches about 260,000 won.

Comprehensively taking account of such circumstances and other factors as the Defendant’s age, character and conduct, family environment, background of the crime, and circumstances after the crime, the lower court’s punishment against the Defendant is deemed reasonable, and is not deemed too heavy or less.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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