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(영문) 인천지방법원 2014.04.25 2014노398
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the reasons for appeal is that the respective punishment of the court below (the defendant C: imprisonment of 8 months and the defendant D: imprisonment of 6 months) is too unreasonable.

2. The defendants are divided into one's mistake, and each of the crimes of this case is a concurrent crime under the latter part of Article 37 of the Criminal Act with the crime for which the first head judgment as stated in the original judgment of the court below has become final and a concurrent crime under the latter part of Article 37 of the Criminal Act, and it is necessary to determine the punishment in consideration of equity with the case to be judged at the same time

However, the crime of fraud and fraudulent aiding and abetting committed by the Defendants is a telephone financial fraud crime which is called so-called “singing,” which is called a planned and organized act against many unspecified persons, and there are substantial social harm to the victim by massing a large number of victims, and the economic suffering of victims is considerable. The crime of violating the Electronic Financial Transactions Act committed by the Defendants is also taken over a large number of passbooks, cash cards, and their password despite being aware that they were to be used in the crime of telephone financial fraud, and the nature of the crime is very poor, and other various sentencing conditions specified in the records and arguments are considered as being taken into account, such as the age and happiness environment of the Defendants and the circumstances before and after the crime. It is not unreasonable for the lower court to have

3. If so, the Defendants’ appeal is without merit, and it is dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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