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(영문) 대전지방법원 2017.12.21 2017노2251
사기등
Text

The judgment of the court below is reversed.

Defendant

A and C shall be punished by imprisonment for three years, and by imprisonment for one year and six months, respectively.

Reasons

The summary of the grounds for appeal that the lower court sentenced the Defendants to the punishment (for Defendant A: four years of imprisonment, two years of imprisonment, and four years of imprisonment) is too unreasonable.

The sentence imposed by the court below to the defendants is too uneasible and unfair.

Judgment

The so-called “Sishing” crime, such as the crime of fraud and the violation of the Electronic Financial Transactions Act, is subdivided and organized as the role of the participants in the crime, and the method of the crime is secret and intelligent, causing economic damage to many victims. The crime of fraud of this case, the crime of violation of the Electronic Financial Transactions Act is very poor in light of the method and frequency of the crime, the number of victims, and the amount of fraud, etc., the Defendants withdraw the money obtained by taking advantage of another’s access media under the name of the transferee, and transfer the money to the upper aid staff. This is because the role of the Defendants is very significant in participating in the crime. Defendant A committed each repeated crime of this case during the repeated period due to robbery, etc., Defendant B committed a repeated crime due to the crime of robbery, etc., and Defendant B did not agree with the victims of the crime of fraud and the Defendants.

On the other hand, the defendants recognized each of the crimes of this case and against the mistake, the defendants took part in part, not in the whole crime of this case, but in part, and the profits actually acquired may not be relatively large compared to the amount of defraudation. Defendant B did not have the duration of participation in the crime, and the fact that Defendant A and B did not have any history of being punished for the same crime is favorable to the defendants.

In addition, the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, etc. are revealed in the records and arguments of this case, including the circumstances after the crime.

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