logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.02.09 2017노2192
사기
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the three-year imprisonment and confiscation of Defendant A, the two-year imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the Defendants and the Prosecutor’s unfair claims for sentencing.

The circumstances favorable to the Defendants are that the Defendants led to the confession of the instant crime and reflects the fact that the Defendants were the first offender who has no criminal history, and that the victims paid the victims the amount of damages, and the victims did not want the punishment.

However, the crime of this case is committed by the Defendants, while taking charge of collecting damages from the victims of the Bosishing Criminal Organization and remitting them again, by deceiving the victims F with 1,2250,000 won and 13,70,000 won against the victims H, and the Defendants seems to have played a significant role as a means of receiving and remitting money.

After the Defendants entered the Republic of Korea to impose money on illegal acts, the Defendants came to commit the instant crime even though they knew that the instant crime constituted Bosing crimes.

The crimes of Bophishing are organized and planned for many unspecified victims, and public institutions and financial transactions are expanded, and there are many social harm caused by crimes such as frequent damage, and the damage has been continuously caused, and the contents of crimes are being more complicated, so severe punishment is required.

The victims were suffering from mental and economic suffering that could not be said to be the crime of this case.

In full view of the aforementioned circumstances and other circumstances, the lower court’s punishment is too heavy or fluent, taking into account the following circumstances: the Defendants’ age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime.

arrow