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(영문) 인천지방법원 2019.10.17 2019노2303
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the defendant is that the punishment imposed by the court below (No. 10 months of imprisonment and No. 1 of confiscation) is too unreasonable, and the reasons for appeal by the prosecutor are too uneasible and unreasonable.

2. The judgment seems to have been made by the Defendant by willful negligence on the phishing fraud, but even if it appears to have been illegal, the Defendant continuously served as the “communication liability” of the phishing fraud. The total amount of damage caused by fraud and attempted fraud reaches KRW 50 million is disadvantageous circumstances, while the Defendant appeared to have committed the instant crime at the trial, and the Defendant appears to have committed all of the instant crimes at the trial. The lower court agreed with the N and S, and agreed with the H of the victim of the phishing fraud at the trial.

In full view of the circumstances above, comprehensively taking into account the circumstances that led to the Defendant to commit the crime, the age, health condition, character and conduct, environment, and circumstances that constitute the conditions for sentencing as indicated in the instant case, the Defendant and the prosecutor’s above assertion are not acceptable on the grounds that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal of this case by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal of this case are without merit. It is

(However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the last sentence of Article 25(1) of the judgment of the court below is to delete the part of the "the defendant has the power to suspend indictment on September 14, 2018 as an offense of violating the Electronic Financial Transactions Act."

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