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(영문) 청주지방법원 2017.02.09 2016노1227
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment) is too unreasonable.

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

2. Circumstances favorable to the defendant are as follows.

The defendant has been impreged in depth to commit the crime of this case, and reflects it.

It seems that the actual profit acquired by the defendant is not significant due to the crime of this case, and the part in which the defendant directly participated is part of the total damage amount.

It seems that the defendant suffered economic difficulties and caused the crime of this case.

A defendant has no record of criminal punishment for the same crime, and has no record of criminal punishment for a crime other than three times of fines.

Recently, there is a need for the defendant to support his family including his married wife. The circumstances unfavorable to the defendant are as follows.

The instant crime took part in multiple people according to the strict plan, and the name was used in China, organized, and professionally, and the subject of the instant crime was the ordinary people who want to obtain small-amount loans and the unspecified number of victims.

In addition, the crime of phishing is likely to adversely affect the trust relationship of the entire society by making the general public disastly with state agencies or financial institutions.

In particular, the organization to which the defendant was under the jurisdiction of the defendant was accused of a large amount of money by deceiving many victims at the call center office established in China.

The Defendant made an essential contribution to the crime of Bosing crimes while playing the role of large-scale cell phone recruitment policy and telecoming, and did not short the period of participation in the crime, and the amount of damage incurred during the above period also led to approximately KRW 120 million.

The defendant did not take any measures for the recovery of damage up to the trial.

The age, sex, career, environment, and circumstances mentioned above are as follows.

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