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(영문) 서울중앙지방법원 2016.11.04 2016노3222
사기등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for a year and six months, and for a year of imprisonment for a defendant B, and for a defendant C.

Reasons

1. Summary of grounds for appeal;

A. It is unfair that each punishment of the first instance court against the Defendants (two years of imprisonment; one year of imprisonment; one year of imprisonment; and eight months of imprisonment) is too unreasonable.

B. The first instance court’s punishment against the Defendants by the prosecutor is too unhued and unreasonable.

2. The Defendants, as a member of the so-called “Singing” criminal organization, are the members of the so-called “Singishing” criminal organization. The crime of the singishing fraud consists of organized and planned crimes, and the fraud of money from many victims is very serious harm to the social economy; the Defendants were to keep or deliver the means of access, such as physical cards, which are essential means to commit the singishing crime, or to withdraw and transfer the amount of damage through the use of the means of access; the degree of their participation is not easy; in light of the fact that it is very difficult for the Defendants to detect it, even its subordinate officers, in view of the fact that it is very difficult for them to detect it by systematically connecting with other accomplices, due to the characteristics of the criminal organization of the singishing crime, and Defendant C has been punished twice by the same kind of crime; and the fact that the Defendants again committed the crime of this case during the period of suspension of execution, etc., are disadvantageous

However, in the appellate trial, the defendants led to the confession of the crime and the misunderstanding, and the defendant A and B made an investigation agency, and the defendant C paid 6 million won each damages to the victim X in the appellate trial, and agreed that the victim wants to take the preference against the defendants. The defendant A did not have any record of punishment before the crime of this case, and the defendant B did not have any record of punishment other than punishment once by fine. The defendant B and C appears to have been involved in the crime of this case in a relatively short period of time, and the acquired profits are not significant, and the defendant's age and age.

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