(영문) 수원지방법원 2017.09.21 2017노5638 | 리걸엔진

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Reasons

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(영문) 수원지방법원 2017.09.21 2017노5638

사기등

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Defendant

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

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s sentence (Defendant A: Imprisonment with prison labor for three years, confiscation) is too unreasonable.

B. The Prosecutor’s sentence against the Defendants of the lower court (Defendant A: the above sentence, Defendant B’s imprisonment with prison labor for one year and six months, and the suspended sentence for three years) is too uneased and unreasonable.

2. Determination

A. We also examine Defendant A and the Prosecutor’s arguments regarding Defendant A.

The fact that the defendant recognized the crime of this case and reflects it, the current age of 20 years is somewhat 20 years, and the record of criminal punishment is not confirmed, etc. are favorable to the defendant.

On the other hand, phishing crimes, such as the instant crime, have been committed in a systematic, planned, and intelligent manner, and social harm is very large, and it is difficult to arrest all members of the organization, and even a subordinate member who participated only in part of the instant crime, it is inevitable to severely punish such crime.

In addition, the Defendant took part in the crime of fraud over several occasions, and used the forged official document in that process. While some of the crimes were committed, the total amount of damage caused by the crime that led to the attempted crime is very large amount of KRW 14,58 million, and the damage was recovered or did not agree with the victims, etc. are disadvantageous circumstances to the Defendant.

In full view of the above overall circumstances and other circumstances, such as the character and conduct, environment, family relationship, motive, and circumstance after the crime, etc. of the defendant, the judgment below’s punishment against the defendant cannot be deemed unfair because it is too excessive or excessive. Thus, the defendant and the prosecutor’s assertion are without merit.

B. As to Defendant B, the Defendant also received a large amount of damages that amount to KRW 115,70,000,000,000 for the total amount of the crime committed by the Defendant, and the damage was recovered or agreed with the victim

However, the defendant recognized the crime of this case and against the defendant's proposal, and the defendant A committed the crime.

유사 판례

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