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(영문) 부산지방법원 2015.07.17 2015노1420
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable for a six-month sentence of imprisonment sentenced by the court below to the defendant.

2. It is recognized that there are circumstances such as the fact that the defendant recognized all of the crimes of this case and reflected, the defendant's actual gains acquired by the crime of this case are less than the amount obtained by defraudation, and the crime of violation of the Act on the Control of Narcotics, etc. and the latter part of Article 37 of the Criminal Act are concurrent crimes.

However, the crime of this case is an organized and intelligent crime of the so-called telephone financial fraud that obtains money from many unspecified victims, and it is difficult to crack down because the method of crime is secret and planned, and there is a great social harm, the amount of damage (Fraud: approximately KRW 5290,00,000,000,000) is not much much, but there is no effort to recover from the victim or damage until now, and the accomplice's participation in the act of withdrawal of cash can be practically acquired benefits from the crime. Thus, the degree of the defendant's participation cannot be deemed to be somewhat weak, taking into account all other circumstances such as the defendant's environment, family relations, circumstances leading to the crime of this case, and circumstances before and after the crime, etc., the punishment of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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