(영문) 부산지방법원 2016.09.29 2016노2039 | 리걸엔진

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(영문) 부산지방법원 2016.09.29 2016노2039

사기방조등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. The defendant asserts that the punishment of one and half years of imprisonment sentenced by the court below is too unreasonable, and the prosecutor asserts that the sentence of the court below is too unfeasible and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The so-called “Sishing” crime is a crime planned and organized with many unspecified persons, and is highly likely to commit such crime, and the social adverse effects of such crime are extremely high, and the amount deposited into the account in the name of the defendant is KRW 900 million. Of these, the amount revealed as the damage amount of the fraud crime in the judgment of the court below is KRW 75 million, and the number of victims is up to 21.

However, the crime of fraud of this case does not constitute an unspecified number of victims, who are unspecified by using a large amount of personal information collected in advance, but rather used to report commercial sex acts posted on the Internet site, etc. and contacted victims, and it does not pretend to be an institution with public confidence such as financial institutions and national agencies, which differs from the general crime of phishing and its nature or possibility of criticism.

The Defendant did not act as a tracking agent for each of the crimes of this case, but played a role in remitting money deposited into the account under the name of the Defendant according to the instructions of the brain department that planned each of the crimes of this case. Accordingly, the Defendant was merely charged with receiving fees of KRW 50,00 per 10,000,000 from the remittance amount, and the Defendant did not want the punishment of the said victims by mutual consent with 13 victims of the crime of aiding and abetting fraud in total amount of KRW 57,00,000,000,000,000,000,000 won, and the victim of the crime of aiding and abetting fraud. The Defendant deposited a considerable amount of money to seven victims of the other crime of aiding

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