(영문) 수원지방법원 2016.03.03 2015노7047 | 리걸엔진

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(영문) 수원지방법원 2016.03.03 2015노7047

사기등

Text

The judgment below

Part concerning Defendant A and B shall be reversed.

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. The summary of the grounds for appeal by Defendant A and C (unfair sentencing) did not brupt the suspicion that Defendant A is against the wrongness of Defendant A, and that Defendant A may be punished for a short period of time during employment difficulties, and did not clearly recognize that the instant crime is related to the so-called “singing” crime, and the Defendant was not liable for withdrawal, and in light of the fact that the benefits derived from the instant crime are insignificant, the lower court’s sentence that sentenced to one year and four months of imprisonment is too unreasonable.

2) As it is difficult for Defendant C to cope with the surgery and living expenses of his mother, the sentence of the lower court sentencing a fine of KRW 4,000,000 is too unreasonable.

B. The summary of the prosecutor’s appeal grounds (unfair sentencing) 1) As to Defendant A and B, each of the instant crimes with respect to Defendant A and B constitutes an organized crime as “Sscam,” which is socially problematic, and the Defendants’ act of withdrawing cash is essential to achieve the purpose of financial fraud, and its degree of participation is not easy. Defendant A’s role not only in cash withdrawal but also in delivering electronic access media is high, and there is a need to punish the Defendants in order to eradicate the scam crime through the general preventive effect of punishment. In light of the above, Defendant A’s imprisonment with prison labor for up to one year and four months and one year’s imprisonment with prison labor for Defendant B is too uneastable.

2) In light of the fact that Defendant C and D transferred the access media, the most important means of crime in the Bosing “Sishing” crime, and that the victim of the fraud embezzled part of the money remitted to the account under the name of the Defendants, the sentence of the lower court that sentenced KRW 400,000,000 is too uneasible.

2. Determination

A. Of the judgment of the court below, Defendant A and B.

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