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(영문) 서울중앙지방법원 2017.11.24 2017노2955
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

1. Summary of grounds for appeal;

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

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

2. We also examine both of the judgment’s unfair argument of sentencing.

The Defendant took part in the so-called “Sishing” crime, and committed the instant fraud.

The crime of phishing is not very good in that it is a crime that leads to an unspecified number of unspecified victims and harms the safety of transaction and public trust.

Since financial fraud crimes, such as Bosing, can not be committed without the participation of subordinate staff members, there is a great need for strict punishment against the defendant acting as a telephone counselor.

There are many victims due to each of the frauds in this case in which the defendant participated, and the amount of damage reaches KRW 2,000, but the court below paid part of the damage to the victim AJ and AF in the court below, but most of the damage has not been recovered, and the circumstances are disadvantageous to the defendant.

However, for a relatively short period of less than one month, the Defendant participated in the instant Bosing criminal act, and voluntarily deserted from the organization of the instant Bosing criminal act, and does not seem to have enjoyed a large amount of benefit due to the instant criminal act.

There is no particular criminal history prior to the crime of this case, and even after the crime of this case, it seems that the defendant has been engaged in a relatively faithful social and family life except for punishment of minor fines for violent crimes in 2015.

Of the co-offenders of the instant crime, NN who are deemed to have been a longer criminal period than the Defendant and whose role is deemed to have been more than the Defendant, is sentenced to imprisonment with prison labor and two years and two months in the Changwon District Court Masan Branch Decision 2014 Highest 441 decided October 22, 2014.

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