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서울남부지방법원 2018.05.03 2018노481

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the period of three years from the date this judgment becomes final and conclusive.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year of imprisonment and confiscation) is too unreasonable.

2. Each of the crimes of this case, which is determined by the court below, is the defendant's participation in the licensing crime as an employee of the Financial Supervisory Service and as a measure for the collection of cash, and the liability for the crime is not against the law.

In particular, the necessity to strictly cope with the criminal defendant's punishment is recognized in light of the harm, etc. caused by the phishing crime to society as a whole.

① However, the Defendant appears to have been engaged in the instant crime in a dynamic manner with economic cruel mind compared to adults at the time when 18 years of age were minors, compared to adults at the time. ② From the date of arrest of the current offender, there appears to be a net confession, cooperation in investigation, and reflect on the fact that she participated in the instant crime and the circumstances thereof, etc. ③ The period of participation in the instant crime is not long, and the actual cash collection is not long. ② One of the two crimes of this case was committed, ④ The actual damage was not incurred, and the remaining 1 case, which led to the completion of the instant crime, did not amount to 6 million won, ⑤ The father of the Defendant paid 4.5 million won to the victim at the early stage of the instant crime, and the Defendant did not actually have been punished for the instant crime. ② The Defendant appears to have paid her family benefits more than 4.5 million won, and the Defendant did not have been punished for the instant crime.