(영문) 광주지방법원 2018.10.17 2018노1562 | 리걸엔진

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Reasons

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(영문) 광주지방법원 2018.10.17 2018노1562

사기

Text

The judgment below

Part concerning Defendant B and C shall be reversed.

Defendant

B Imprisonment with prison labor of four and a half years, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant B’s punishment (five years of imprisonment) is too unreasonable.

B. Defendant C1) Although there was no fact that the Defendant was involved in the criminal act of licensing, the lower court that found the Defendant guilty of the instant facts charged erred by misapprehending the facts.

2) The sentence of the lower court (four years of imprisonment) that is unfair in sentencing is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court below on the defendant C's assertion of mistake, it is reasonable to view that the defendant was involved in the crime of this case by introducing D upon the request of the defendant B, where the defendant was aware of the person who will be responsible for the withdrawal of the defendant. D requested the distribution of the defendant's share of criminal proceeds and delivering part of D to the defendant at a higher rate of money. D was recognized as having sought cooperation and advice on the crime of Bosing, such as distribution of profits and the purchase of safe chips. According to the above facts, it is reasonable to view that the defendant was involved in the crime of this case by introducing the organization of Bosing crimes and distributing profits therefrom. Thus, the defendant's assertion is without merit.

B. We examine the defendants' unfair assertion of sentencing. The crime of this case is planned and organized against many and unspecified persons, and is so-called phishing that many victims are singing, which is inferior to the quality of the crime. The victims of the crime of this case are many victims, and the amount of damage is not much significant, the defendants repeated the crime during the period of repeated crime due to the same law crimes, and the fact that the criminal records of the same law crimes are two times against the defendant B, etc. are disadvantageous to the defendants.

However, Defendant B recognized the instant crime and reflects it, agreed with the victim A in the first instance, and had a child to support, and Defendant B’s wife up to the first instance.

유사 판례

-부산지방법원 2018.11.29 2018고단4466

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-서울고등법원 2017.09.27 2017노1309

-서울서부지방법원 2016.06.16 2015노1911

-대전지방법원 2018.07.19 2018노1266