logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.08.31 2017노1936
전기통신금융사기피해금환급에관한특별법위반등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) sentenced by the court below (one year and six months of imprisonment and confiscation) is too unreasonable.

Judgment

Application of the sentencing guidelines [Scope of Recommendation] The basic area (one and half years from June to three years) (no person subject to special sentencing) of the basic area (one year to six years) of systematic fraud) (the crime of this case was committed by the court below). The crime of this case was committed by the defendant, along with the main offender, through the victim's personal information, by opening the victim's cell phone using the victim's personal information, and purchasing virtual currency, online merchandise coupons, etc. by installing mobile credit cards in the victim's cell phone through a program through which the main offender can work remote connection and work, the defendant was charged with the so-called "mination", such as filling with mobile settlement service or settling online merchandise coupons.

Although most of the damage amount was acquired by the principal offender, and the profit acquired by the defendant is relatively large, the method of crime is organized and planned, and the reason and degree of the defendant's participation are too heavy.

In addition, the Defendant committed the instant crime repeatedly even though he/she had been punished three times by imprisonment with prison labor for a maximum term of one year and six months, a short term of one year and a fine of 300,000 won, and a fraudulent act in 2015.

In full view of the above circumstances, comprehensively taking into account the Defendant’s age, sex, environment, and circumstances after the commission of the crime, the lower court’s punishment is determined within the scope of the sentencing discretion, and it cannot be said that it is unfair by too low means.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

arrow