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(영문) 서울서부지방법원 2018.03.29 2018노43
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. The defendant shall take up the cash, which is the damaged goods kept in custody of subway stations, in the course of committing the criminal act of licensing fraud.

(2) The sum of KRW 95 million shall not exceed five times in the role of a collection book to be delivered and shall not exceed 95 million.

was made.

The fact that the defendant is attempting to commit a crime, the actual gains of the defendant are about 1.6 million won, the fact that the defendant has no record of punishment in the Republic of Korea is considered. However, the criminal conduct of single-phishing fraud is a systematic and intelligent crime that is closely committed against many and unspecified persons, the nature of the crime is very poor, the damage caused by such crime is considerably spreading, and the damage has structural characteristics that are not easy to recover from the damage, and the purpose of entry is doubtful, and the degree of the defendant's participation in the crime is not easy by communicating with his accomplice from the entry into the Republic of Korea, and the punishment conditions in the instant case are considered, such as the frequency and amount of the crime in this case, the age and amount of damage, the criminal defendant's age, sexual conduct, environment, motive and circumstances leading to the crime in this case, and the circumstances before and after the crime, it cannot be deemed unfair for the court below's punishment to be inappropriate.

3. The appeal by the defendant 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.

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