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(영문) 서울서부지방법원 2017.07.20 2017노459
사기미수등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the defendant's punishment against the summary of the reasons for appeal (one year and two months of imprisonment), the defendant asserts that it is too unreasonable for the defendant, and the prosecutor asserts that it is too unfied and unfair for the prosecutor.

2. The so-called phishing crime, such as the instant case, is a crime of deceiving many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and is highly harmful to the victims and society, and the Defendant took part in the phishing crime without any awareness of any particular crime to easily punish money. The Defendant assumes the position of an employee of the Financial Supervisory Service using a forged document, who assumes the role of receiving the money by fraud from the direct victims, and takes the role of receiving the money from the direct victims, and is disadvantageous to the Defendant.

On the other hand, the circumstances favorable to the defendant are that the defendant led to the confession of the crime of this case and reflects the mistake, that the crime of fraud was not caused by the number of crimes, and that there was no record of punishment for the same crime.

In full view of the aforementioned circumstances and other factors of sentencing as indicated in the instant argument, such as the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, the circumstances after the commission of the crime, etc., the lower court’s sentence is deemed appropriate, and cannot be deemed as being too heavy or too unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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