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(영문) 청주지방법원 2016.11.03 2016노878
사기등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. The gist of the grounds for appeal is that each sentence of the lower court (two years of imprisonment for each of the defendants A and B, confiscation, confiscation, confiscation, one year of imprisonment for each of the defendants C, confiscation) is too unreasonable.

2. Determination

A. Circumstances favorable to the Defendants regarding the determination of Defendant A and B’s appeal are as follows.

Defendants are fully aware of and reflect on the instant crime.

Defendant

A does not have any criminal record exceeding a fine, and Defendant B is the primary offender.

The circumstances unfavorable to the Defendants are as follows.

The amount acquired by the defendants is very large to KRW 145,060,000 in total.

Defendants participated in the crime of Bophishing, which is not easy to recover from damage, in a planned and organized manner, masse many victims, and which is withdrawn from the crime of Bophish.

Defendants were unable to repay or reach an agreement on the victims’ damage.

In addition, considering the Defendants’ age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s punishment is too unreasonable.

The Defendants’ assertion is without merit.

B. Circumstances unfavorable to the Defendant regarding Defendant C’s appeal are as follows.

Defendant participated in the crime of Bophishing in a systematic and systematic manner, mass production of many victims, and it is not easy to recover from damage.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized all of the crimes of this case and reflected in the instant case.

Defendant has no previous conviction exceeding a fine.

The amount acquired by the defendant is not more than 11,600,000 won in total.

At the trial, the defendant paid the victims the agreed amount and agreed to all.

The victims want to find the defendant's wife.

The defendant is detained for a period of three months, and he/she seems to have been given an opportunity to reflect his/her anti-discrimination and self-esteem.

In addition to the above circumstances, the age of the defendant, and the defendant.

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