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(영문) 서울북부지방법원 2018.11.30 2018노1688
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (one year and six months of imprisonment) against the Defendant is too unreasonable.

2. The defendant's judgment on the grounds for appeal by the defendant recognizes the crime up to the trial of the defendant, repents his errors, and has no particular record of crime in Korea.

The money acquired by deception through the crime of this case was confiscated during the investigation process and returned to the victim, and the defendant also deposited KRW 1 million to the victim at the court below.

It seems that the defendant did not actually gain any profit in return for the crime of this case.

However, on the other hand, the court below seems to have determined the punishment by considering all favorable circumstances for the defendant as above, and there is no special circumstance or change of circumstances that can be newly considered in sentencing after the sentence of the court below.

The crime of this case is a so-called " Bosishing" crime, which took part in the role of a large number of people according to a thorough plan, and acquires money from an unspecified number of victims systematically and professionally.

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's role constitutes an essential part of the criminal conduct of licensing as the so-called "passing or delivery books".

The Defendant promised to receive a large amount of allowances from the beginning to enter Korea, and the former male-child group committed the instant crime with knowledge of the fact that he was arrested by the police while performing the same work as the instant case.

In addition, various circumstances, such as the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., which form the conditions for the arguments in this case and the sentencing as shown in the records.

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