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(영문) 서울중앙지방법원 2013.08.22 2013노1976
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year of imprisonment, confiscation) is too unreasonable.

2. It is difficult to view that the degree of the defendant's participation in the sales market is significant, and there is no actual profit earned by the defendant because all of the withdrawn 5.11 million won were confiscated, but the crime of fraud in this case is an intelligent fraud by the so-called "phishing," which receives money from the victim by telephoneing many and unspecified domestic unspecified persons, and the crime of fraud in this case is highly poor in quality of the crime, and the damage is spreading considerably, and there is a great need to punish the persons who participated in the crime. Considering the amount of fraud in this case, the role or degree of participation of the defendant, and other conditions of sentencing specified in the argument in this case, such as the defendant's age, character, conduct and environment, means and consequence, and circumstances after the crime, the punishment imposed by the court below is too unreasonable even if considering the circumstances asserted by the defendant, and thus the defendant's assertion is not justified

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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