(영문) 서울남부지방법원 2016.11.10 2016노1246

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(영문) 서울남부지방법원 2016.11.10 2016노1246

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed each of the crimes described in the [Attachment 4] No. 5 of the List of Offenses Nos. 4 and 5.

The defendant committed a crime on the Chinese paths, and each of the above crimes was committed in Sami-Sa in China.

B. In light of the fact that the criminal period of the defendant claiming unfair sentencing is only five months, the economic benefits acquired by the defendant through each of the crimes of this case are low, the defendant gave his/her consent, and the investigation of the total amount of the ship responsibilities of the Telecommunications Financial Fraud Group has been initiated and is currently underway, the punishment sentenced by the court below (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The Defendant asserted the same purport in the lower court’s judgment as to the assertion of mistake of fact, and the lower court rejected the above assertion on the grounds of detailed reasons in the judgment.

In full view of the circumstances revealed by the court below's duly adopted and investigated evidence, the above judgment of the court below is just and acceptable.

The defendant's assertion of mistake is without merit.

B. The telephone financial fraud crime regarding the assertion of unfair sentencing is a planned and organized crime that has been prepared in advance against many unspecified victims, and thus requires to be punished strictly. The defendant played a key role in deception by directly phoneing the victims; the defendant did not take measures for recovery from damage, such as an agreement with the victims up to the trial; and other factors favorable or unfavorable to the defendant, including the defendant's age, character and conduct, environment, motive for the crime, criminal record, and all the sentencing circumstances indicated in the records and arguments of this case including the defendant's age, character and conduct, criminal records, and criminal records, and the reasons for sentencing of the judgment of the court below are compared to the sentencing of the court below. The defendant was arrested in advance

유사 판례

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