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(영문) 청주지방법원 2017.02.09 2016노1231
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and eight months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant has been impreged in depth to commit the crime of this case, and reflects it.

It seems that the actual profit acquired by the defendant is not significant due to the crime of this case, and the part in which the defendant directly participated is part of the total damage amount.

It seems that the defendant suffered economic difficulties and caused the crime of this case.

The defendant has no previous convictions of imprisonment.

The defendant is in the position to support his family.

Circumstances unfavorable to the defendant are as follows:

The instant crime took part in multiple people according to the strict plan, and the name was used in China, organized, and professionally, and the subject of the instant crime was the ordinary people who want to obtain small-amount loans and the unspecified number of victims.

In addition, the crime of phishing is likely to adversely affect the trust relationship of the entire society by making the general public disastly with state agencies or financial institutions.

In particular, the organization to which the defendant was under the jurisdiction of the defendant was accused of a large amount of money by deceiving many victims at the call center office established in China.

The Defendant made an essential contribution to the criminal act of Bosing Bosing while playing a key role in the solicitation of mobile phones and telecoming, and the period during which the Defendant participated in the criminal act is about one year, and the amount of damage incurred during the above period also exceeded KRW 110 million.

The defendant committed the crime by misunderstanding and publicity of China.

The defendant did not take any measures for the recovery of damage up to the trial.

In 2007, the defendant has a record of being sentenced to a fine of KRW 3 million as a crime of fraud, and may be punished by a crime of this type.

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