(영문) 인천지방법원 2018.02.09 2017노4783 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 인천지방법원 2018.02.09 2017노4783

사기

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for up to eight months.

However, this judgment is delivered against Defendant C.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (one year and two months) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. The judgment of the court below is acknowledged that the crime of this case is likely to be harmful to the society by the crime of phishing, so long as the crime of this case was committed in a systematic manner, it is highly likely that the defendants receive a certain amount of consideration, and that the crime of this case was committed by taking part in the crime of this case as the books of delivery (Defendant A), surveillance (Defendant B), withdrawal (Defendant C), and liability for the crime of this case. On the other hand, the defendants agreed to pay a certain amount of money to the victims (two of the four victims, three of the victims, and all of the defendants) and the victims' losses were recovered. In particular, in the case of Defendant C, it seems that there is no benefit acquired by the crime of this case from the crime of this case. The defendants C should consider the circumstances after the crime of this case was committed by self-denunciation and reporting to the investigative agency to arrest other accomplices, there is no history of criminal punishment for the same kind of crime of this case, the defendants' intention or his family members want to be punished as the previous crime of this case, and the defendants' motive and circumstances after the crime.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendants' appeal is well-grounded, and the following is again decided after pleading (inasmuch as the prosecutor's appeal against the defendants is without merit, but the judgment of the court below is accepted by the defendants and reversed, the prosecutor's appeal against the defendants is not dismissed separately in the disposition).

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