(영문) 대전지방법원 2017.07.06 2017노1132 | 리걸엔진

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(영문) 대전지방법원 2017.07.06 2017노1132

사기등

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Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Of the facts charged in the instant case, the lower court rendered a judgment of innocence on the charge of violating the respective electronic financial transaction laws from September 29, 2014 to October 27, 2014, regarding the Defendants’ violation of each electronic financial transaction law from September 29, 2014, a list of offenses No. 952 at the order of 2016 to the order of 952, against the Defendants, and sentenced the remainder of the facts charged. Defendant A and the prosecutor appealed on the ground of unfair sentencing only for the aforementioned guilty portion.

Therefore, the judgment of the court below is excluded from the scope of the judgment of this court since the defendant A and the prosecutor's non-guilty part are separated and confirmed as they are, and only the conviction part of the judgment below belongs to the scope of the judgment of this

2. Summary of reasons for appeal;

A. The Prosecutor’s sentence (Defendant A: Imprisonment with prison labor for two years and six months, and Defendant B: imprisonment with prison labor for four months) declared by the lower court is too unhued and unreasonable.

B. The sentence imposed by the lower court by Defendant A is too unreasonable.

3. The judgment of the Defendants recognized the crime of this case; the Defendants are not led to the entire crime of this case; the Defendants were partly involved; Defendant A deposited total of KRW 16,69,371 for the victim N and Y; Defendant B should be sentenced to punishment for the crime of this case in consideration of equity with the case of receiving a judgment with a final judgment along with a crime of fraud, etc.; the Defendants who had no record of punishment for the same crime prior to the crime of this case are favorable to the Defendants.

On the other hand, the so-called “Sishing” crime, such as the instant crime, is subdivided and organized as the role of the participants in the crime is subdivided and organized, and the method of the crime is secret and intelligent, causing economic damage to many victims. In light of the method and frequency of the instant crime, the number of victims, and the amount of fraud, etc., the crime is very poor in light of the method and frequency of the crime, the number of victims, and the amount of fraud, and loans by misrepresenting the employees of financial institutions

유사 판례

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