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(영문) 인천지방법원 2017.03.31 2017노609
사기등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment by each of the defendants) is too unhutiled and unfair.

2. The Defendants participated five times in the determination of the Defendants in a planned and organized manner against many and unspecified persons as a measure to withdraw or deliver the amount of damage to the phishing crime, and used a forged official document, misrepresenting the public official in the process.

The crime of Bosishing, such as the crime of this case, not only should the victims suffer a considerable economic impact, but also it is not easy to recover from damage after the death. On the other hand, a number of victims and members of society, who are charged with the crime of this case, make the state agencies or financial institutions in a bad faith, and as a result, it is highly necessary to punish the victims strictly because they have a serious adverse effect on the trust relationship in the overall society.

Even though the amount of damage caused by the instant crime exceeds 192,277,710 won in total, the damage was not restored to the depth of the party.

Such circumstances are disadvantageous to the Defendants.

On the other hand, the defendants recognize the crime of this case and reflect their errors.

The profits earned by the Defendants from the crime of this case seems to be significantly short of the amount of damage, and there is no record of punishment in Korea to the Defendants.

Defendant

Defendant A seems to have maintained a social ties in a normal way, such as the birth of his family members and their assistants to the above Defendant’s wife.

Such circumstances are favorable to the Defendants.

In addition to the aforementioned various circumstances, the conditions of sentencing specified in the records and arguments of the instant case, such as the developments and motive leading up to the instant crime, the period of participation in the instant crime, the degree and mode of participation, age, sexual conduct, family environment, family relationship, and the circumstances after the instant crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing Commission (one year and six months to five years).

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