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(영문) 서울남부지방법원 2019.06.21 2019노661
사기미수등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (e.g., both types of punishment) by the lower court (e.g., two years of imprisonment and confiscation, one year and six months of imprisonment, and confiscation), the Defendants are asserting that the Defendants are too unreasonable, and that the prosecutor is too unfasible and unfair.

2. Determination

A. Defendant A is an initial crime against Defendant A, and Defendant A is recognized as committing the instant crime in the first instance.

However, Defendant A took part in the organized crime of telecommunications financial fraud (hereinafter referred to as “singing”), which has great social harm.

In particular, Defendant A performed an important role in licensing crimes by installing mobile wawa in his own dwelling and changing the phone number so as not to reveal the contact information of the Bosing fraud organization. Defendant A received money in return for this.

In addition, taking into account all the factors of sentencing as shown in the pleadings, such as the Defendant A’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the lower court against the Defendant A is too heavy, or it is deemed that the lower court exceeded the reasonable scope of discretion.

Defendant

The arguments of A and the prosecutor are without merit.

B. As to Defendant B, Defendant B recognized each of the instant crimes.

In addition, the victim H and M have suffered damage, and the victims have expressed their intent to seek the defendant's prior action.

However, Defendant B took part in the organized crime of Bophishing which is highly harmful to society.

In particular, Defendant B assumes the role of receiving money from victims by misrepresenting the staff of the Financial Supervisory Service as a cash delivery book.

In addition, taking into account all the factors of sentencing as shown in the pleadings, such as Defendant B’s age, character and conduct, environment, motive and means of the crime, and circumstances after the crime, the sentencing of the lower court against Defendant B is too heavy or is frighted to the reasonable scope of discretion.

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