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(영문) 인천지방법원 2017.06.02 2017노1058
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 of imprisonment, confiscation) is too unreasonable.

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

2. We examine all the grounds for appeal by the Defendant and the Prosecutor.

The fact that the defendant has no other punishment force except for the one time punishment due to the violation of the Automobile Management Act, the defendant's living is difficult, and the defendant's participation in the crime in the crime of this case is relatively minor, and the defendant deposited one million won in the future of each victims, etc. are favorable to the defendant.

On the other hand, the criminal defendant's participation in the phishing crime causes damage to an unspecified number of unspecified victims, which is virtually difficult to recover, and the social and economic harm is very serious, but it is not easy to arrest the criminal, and thus it is necessary to prevent recurrence by severely punishing the persons involved in the crime. The total amount of damage to the crime of this case exceeds 50 million won, the amount deposited by the defendant (total of two million won) exceeds the amount of damage, and the amount deposited by the defendant is small compared to the amount of damage, and the fact that the defendant committed several crimes on several occasions is disadvantageous to the defendant.

The scope of the recommended sentencing guidelines stipulated in the above sentencing guidelines and the scope of the recommended sentencing guidelines / [the scope of the recommended sentencing guidelines / [the scope of the recommended sentence ] The mitigated sentencing guidelines for fraudulent offenses / [one to two years] mitigated factors / [the special sentencing factors : simple participation, the victim is also responsible for the occurrence of a crime or the expansion of damage: In other cases where the victim is an unspecified or large number of victims (one to two years and six months), including the defendant's age, sex, environment, motive and circumstance of a crime, result, circumstances after a crime, etc.

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