(영문) 대전지방법원 2016.10.05 2016노1737 | 리걸엔진

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Reasons

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크기(pt)

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줄 간격

자간(%)

(영문) 대전지방법원 2016.10.05 2016노1737

사기등

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All appeals by the Defendants are dismissed.

All applications for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, four years of imprisonment; for defendant B, two years and six months of imprisonment) is too unreasonable.

2. Recognizing the circumstances favorable to the Defendants, such as the fact that the Defendants were attempting to commit the instant crime, the first offender, the fact that the Defendants were arrested, and the fact that they would have contributed to the investigation of other accomplices by cooperating in the investigation after arrest, the partial amount of damage was recovered, and the fact that the Defendants did not have much profits compared to the total amount of damage incurred by the instant crime.

However, as shown by the court below, the crime of this case is necessary to eradicate it through strict punishment as the so-called "Sishing" crime, and in particular, the defendant A plays a key role in the organization of the crime, such as taking charge of "the head of the team" and delivering the victims' information to other team members. The defendant B appears to have taken charge of the victim's direct deception and has made an essential contribution to the realization of the crime. The degree of the defendants' participation in the crime of this case is very significant. In addition, the crime of this case has been systematically and planned against many unspecified persons by the organization with the total responsibility, and the crime of this case is extremely poor in light of the law of the crime, and it is very poor in terms of the fact that many victims have occurred due to the crime of this case, damage is very large, and damage recovery has not been achieved.

In full view of the above circumstances and other conditions of sentencing indicated in the records, such as the Defendants’ age, character and conduct, environment, motive, means and consequence, etc. after the crime, the lower court’s punishment is too unreasonable even if considering the circumstances that Defendant A and some victims have reached an additional agreement in the appellate trial.

3. In conclusion, the Defendants’ appeal is without merit.

유사 판례

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