(영문) 부산지방법원 2017.04.13 2017노723 | 리걸엔진

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(영문) 부산지방법원 2017.04.13 2017노723

사기등

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The defendant's appeal is dismissed.

Reasons

1. The sentence of imprisonment (one year and six months, and confiscation) imposed by the court below on the summary of the grounds for appeal is too unreasonable.

2. The Defendant, as a liability for the withdrawal of cash from the phishing criminal organization, took over the 31st head of the cam card under the name of another person, and, in collusion with the above cam staff, took over the amount exceeding 117 million won by deceiving the 14 victims by deceiving them, and issued the 14th head checks, but all of them were in default.

The following can be considered as the sentencing data favorable to the Defendant: (a) the Defendant confessions each of the instant crimes; (b) there is no particular criminal history except for the punishment of fines for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents in around 196; (c) the amount actually withdrawn by the Defendant out of the amount of fraud; and (d) the crime of violation of the Act on the Control of Illegal Check and Check is caused by the aggravation of financial standing while running the business.

However, the crime of Bosing is an unspecified number of victims, and it is not easy to arrest the criminal because the crime is an organization that has a huge adverse impact on society. However, even if the defendant involved in such Bosing crime is not a measure to withdraw cash, it is necessary to strictly punish the defendant. The defendant is also liable for the accomplice B to commit the crime of fraud of this case and Electronic Financial Transactions Act, the sum of the amount of the non-paid checks reaches KRW 42 million, and the sum of the non-paid checks reaches KRW 42 million. In full view of the records and various conditions of sentencing, such as the defendant's age, sex, family relationship, etc., the sentence imposed by the court below is not heavier.

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

참조조문

-교통사고처리 특례법

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