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(영문) 광주지방법원 2014.04.17 2014노454
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant was the criminal investigation agency’s criminal act; (b) the Defendant was committed in prison life for about seven (7) months; (c) there was no record of punishment other than a fine imposed by the violation of the Military Service Act prior to the instant case; (d) the Defendant was merely a withdrawal of the profits acquired by the Defendant as a criminal act; and (e) the Defendant was merely a receipt of approximately KRW 20 million per month to KRW 3 million for five (5) months of the gains actually earned by the Defendant as a result of the instant crime.

However, the crime of this case is a telecommunications-based financial fraud crime in which many unspecified persons are classified as subjects of crime, such as inducement, withdrawal total liability, withdrawal liability, and withdrawal liability, and it is a planned and organized crime. Since the scope of damage is not only differentiated and narrow, but also has structural characteristics that are not easy to recover from damage, even if the nature of the crime is very bad, and the role of the participants or personal gains are not large in order to eradicate it, it is necessary to strictly punish the participants. The withdrawal of the amount by the defendant is an essential and conclusive measure for the completion of the total crime, and the crime is not less than 128,81,70 won in total, and the damage amount by the crime of this case is a large amount of damage amount to 128,881,700 won in total, and there is no recovery of the damage suffered by the victims until the trial of the case, in consideration of all the sentencing conditions of the defendant, such as the defendant's age, character and behavior, environment, circumstance and result of the crime of this case, etc.

3. If so, the defendant's appeal is reasonable.

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