(영문) 서울남부지방법원 2017.04.27 2016노1921

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(영문) 서울남부지방법원 2017.04.27 2016노1921

사기등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Defendant 1’s assertion of misunderstanding of facts (the part concerning the crime of fraud and attempted fraud as indicated in the judgment below) was not committed in collusion with D, etc. by actively committing each of the instant crimes.

The Defendant only introduced “W” to D and gave it to D.

2) In light of the fact that the role of the Defendant’s wrongful assertion of sentencing is nothing more than that of having introduced W to D, and that the Defendant is in depth after having introduced W to D, the sentence imposed by the lower court (one year and six months of imprisonment) is too unreasonable.

B. In light of the fact that there is a need to strictly punish relevant participants for eradicating the crime of fraud by means of public prosecutor’s telephone finance, the Defendant actively participated in each of the instant fraud crimes, as well as the fact that the circumstances after the crime are committed, such as living abroad for a long time after the control of the crime, etc., the punishment imposed by the lower court is too unreasonable.

2. Determination

A. The lower court also asserted that the Defendant’s assertion of mistake of facts was identical to the assertion of mistake of facts in the grounds of appeal, and the lower court rejected such assertion on the grounds of detailed reasons in the judgment.

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

The defendant's assertion of facts is without merit.

B. We also examine the defendant and prosecutor's argument of unfair sentencing as to the defendant and prosecutor's argument of unfair sentencing.

Since each of the instant fraud crimes is a planned and organized crime against many unspecified victims by committing a crime to obtain a bank account opening-up card, etc. essential to conduct a telephone financial fraud crime, etc., it is necessary to strictly punish such crime.

The Defendant committed each of the instant frauds.

유사 판례

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