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(영문) 서울북부지방법원 2018.10.26 2018노1320
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal 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, as so-called so-called “passing or receiving money,” played a significant role in the entire crime, and received money exceeding one million won in return for the crime.

Not only large amount of damage caused by the instant crime exceeds KRW 17 million, but also did not completely recover from the damage up to the depth of the party.

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

On the other hand, on the other hand, the defendant recognized all the crimes in the trial and repented his mistake in depth.

The defendant has no record of criminal punishment in the Republic of Korea.

On the other hand, there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment.

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

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

3. If so, the appeal by the prosecutor and the defendant is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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