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(영문) 서울북부지방법원 2018.08.24 2018노832
위조공문서행사등
Text

All appeals filed by prosecutors and defendants are dismissed.

The defendant shall obtain money from the applicant J to KRW 10,260,000.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and eight months of imprisonment) against the Defendant is too minor or unreasonable.

2. The instant crime committed on the grounds of appeal by the prosecutor and the Defendant is a so-called “Sishing” crime, which, in a systematic and professional manner, took part in multiple persons’ roles in accordance with a thorough plan, acquired money from an unspecified number of victims.

In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.

The Defendant served as a so-called “book of Distribution or Delivery,” which has played a significant role in the entire crime, and used a secret method, such as using an official document under the name of the Chairperson of the Financial Services Commission, forged in the course of committing the crime.

The defendant has repeatedly committed each of the crimes of this case over five times, and the amount acquired by deceit is a large amount of money exceeding 60 million won in total.

In light of these points, it is inevitable to severely punish the defendant.

However, the defendant is recognized to commit the crime up to the trial of the party, and his mistake is divided in depth.

The defendant has no history of criminal punishment exceeding a fine.

In addition, comprehensively taking account of the following circumstances, such as the Defendant’s age, sex, criminal record, environment, motive and background of the crime, means and method of the crime, and the circumstances after the crime, etc., the above punishment sentenced by the court below is not deemed to be too minor or unreasonable.

The above argument by a prosecutor and the defendant is without merit.

3. In conclusion, the appeal by the prosecutor and the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that all of the appeal by the prosecutor and the defendant are without merit.

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