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(영문) 인천지방법원 2020.10.22 2020노1906
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) the Defendant appealed each of the following grounds on the grounds that the lower court’s imprisonment (three years of imprisonment, confiscation) is too heavy. The prosecutor appealed from the lower court on the grounds that the sentence is too minor.

2. The crime of Bophishing fraud is committed against many unspecified victims in a systematic and planned manner, and the social harm resulting therefrom is serious and thus, it is necessary to strictly punish them.

In light of the contents of the defendant's act and the degree of contribution to the crime, the amount of fraud, etc., criminal liability is important.

Until now, damage has not been recovered.

The above is the circumstances unfavorable to the defendant.

However, the Defendant led to confession and reflect on the instant crime.

The economic benefits directly acquired by the defendant are not greater than the amount of fraud.

Defendant shall have family members to be supported.

The above is the circumstances favorable to the defendant.

The above circumstances are as follows: (a) comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the age of the Defendant, health status, character and conduct, environment, and circumstances that are conditions for sentencing as indicated in the instant case, the lower court’s punishment is too heavy or unreasonable; and (b) the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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