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(영문) 인천지방법원 2016.06.03 2016노1049
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the defendant is too unaffortable due to the defendant's punishment sentenced by the court below (ten months of imprisonment), and the prosecutor asserts that the above punishment is too unaffortable and unfair.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

On the other hand, each of the crimes of this case constitutes an intelligent fraud by the so-called “Sishing,” in which the defendant receives money from the victims through a variety of calls from many unspecified persons and takes money from the victims through a thrish act as a member of the criminal organization, and in the case of such a crime, the social and economic harm is serious, and the arrest of the criminal is not easy, so there is a great need to prevent recurrence by strictly punishing the act of taking part in the withdrawal of transferred money, and even though the defendant does not seem to have made any effort to recover from damage, there is a considerable disadvantage to the defendant, such as the fact that the defendant does not seem to have made any effort to recover from the damage, and the punishment of this case is deemed to be excessive or unreasonable, considering all the circumstances revealed in the arguments of this case, such as the age, sex, environment, background, process, method, frequency, etc. of the defendant, and the number of times of the crime.

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

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