(영문) 서울중앙지방법원 2018.05.17 2018노779

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자간(%)

(영문) 서울중앙지방법원 2018.05.17 2018노779

사기등

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All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, confiscation, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. We also examine the argument of the Defendant and the Prosecutor.

The so-called Bophishing fraud, in which the defendant participated, consists of systematic and systematic intelligence and non-discriminatory measures against many and unspecified persons, and the social harm is very high by spreading a large number of victims in a short period.

As there are people who participate in withdrawal as the defendant, the crime of Bosing fraud is constantly occurring, so the degree of participation can not be easily assessed even though the degree of participation is somewhat insignificant.

In addition, the defendant kept a large number of access media, thereby disturbing financial transaction order and causing the risk of causing other voiceing crimes.

On the other hand, the part directly withdrawn by the defendant is 5 million won out of the total amount of fraud, and the above money is confiscated and returned to the victim. The defendant plans and does not lead the crime of this case, the defendant recognizes all the crimes of this case, and reflects the depth of the defendant, and the fact that the defendant has no record of punishment in Korea is favorable to the defendant.

In full view of the circumstances that are favorable to the defendant, such as the circumstances that are favorable to the defendant, there is no change in the circumstances or circumstances that may newly be considered in the sentencing after the pronouncement of the judgment of the court below, and other circumstances that form the conditions for the pleadings and the sentencing specified in the records of this case, such as the defendant’s age, sex, environment, background and motive of the crime, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it cannot be deemed unfair because it is too heavy or unbru

3. As the appeal by the Defendant and the prosecutor in conclusion is without merit, the Criminal Procedure Act is applicable.

유사 판례

-서울중앙지방법원 2018.05.03 2018노587

-대구지방법원 2016.08.10 2016노1525

-부산지방법원 2018.01.26 2017노4268

-부산지방법원 2017.10.13 2017노2903

-대구지방법원 2016.09.21 2016노1535