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(영문) 서울서부지방법원 2015.05.29 2015노346
사기등
Text

The judgment below

Part concerning Defendant A, B, and C shall be reversed.

Defendant

A, B, and C shall be punished by imprisonment with prison labor for ten months.

Reasons

1. Determination on the grounds for appeal

A. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.

B. Determination electronic financial fraud crime is a serious crime that causes damage to an unspecified number of victims, which is practically difficult to recover in a planned and systematic manner, and is highly likely to cause harm to this society, such as intelligence and sophisticationing, and deceiving the damage of good citizens, etc. In recent years, the attitude of the crime is becoming more serious. Even if the Defendants do not take part in the crime, each role of the Defendants performed by the Defendants is essential part of the establishment of the crime, which is essential part of the punishment corresponding to its responsibility, and it is inevitable to punish the Defendants. The maximum amount of damage caused by each fraud of this case is the total amount of damage caused by each fraud of this case, and the total amount of damage has not yet been repaid, and there is no specific circumstance to change the punishment of the lower court at the trial in the case of Defendant D.

The conditions favorable to the Defendants are as follows.

Defendants confession all of the crimes of this case and reflect their errors.

The Defendants did not lead the crime, withdrawn the money of the victims deposited according to the direction of the total liability, and performed only the role of depositing them into their bank accounts, and there are no many profits from each of the crimes of this case.

Defendant

There is no criminal record against A and D, and only Defendant B and C have a minor fine or a suspended sentence.

In the first instance, the victim AK, AG, and AC expressed their intention not to punish the defendant A, and the defendant B and C have been working for the victims of each crime in which they directly participated, such as deposit of the amount of damage for the victims of each crime.

Other arguments of this case are shown in the argument of this case.

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