(영문) 서울중앙지방법원 2017.03.10 2016노4883

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(영문) 서울중앙지방법원 2017.03.10 2016노4883

사기

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The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment of one year and two months, and by imprisonment of one year and ten months, respectively.

Reasons

1. The summary of the grounds for appeal is unreasonable because all of the punishments of the lower court against the Defendants (two years of imprisonment, and three years of imprisonment) are too unreasonable.

2. However, the crime of this case was committed in a systematic, planned, and intelligent manner, and the nature of the crime is not good, and the Defendants play an essential role in the crime of this case by being entrusted with the role of telephone inducement according to the organizational role sharing. The period of the crime of this case and the total amount of damage caused by the crime of this case were about KRW 1.92 billion for about 3 months for Defendant A, Defendant B, and Defendant B, for about KRW 3.63 billion for about 7 months, have a large sum of total damages, and most damages have not been recovered, are disadvantageous to the Defendants.

On the other hand, the defendants do not repeat the crime by seriously reflecting that the defendants do not commit the crime.

C. The following facts are the fact that Defendant B and the scope of individual damage is relatively small amount of money, Defendant A and Defendant B were not subject to criminal punishment for the same kind of crime, Defendant B were the initial offender, and the degree of the Defendants’ participation is not limited, and the benefits derived from each of the crimes, although the Defendants were to be recognized as a joint principal offender for the entire criminal facts, are not significant differently, are favorable to the Defendants.

In addition to the above circumstances, in light of the balance of sentencing with other accomplices who participated in the entire crime of this case, and other circumstances that are conditions for sentencing, such as the Defendants’ age, sex, environment, family relationship, motive, means and consequence of the crime, each sentence imposed by the court below against the Defendants is too unreasonable.

Therefore, we accept the defendants' unfair argument of sentencing.

3. If so, the Defendants’ appeal is reasonable, and the Criminal Procedure Act is applicable.

유사 판례

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-서울서부지방법원 2016.01.28 2015노1698