(영문) 울산지방법원 2021.02.04 2020노1478 | 리걸엔진

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(영문) 울산지방법원 2021.02.04 2020노1478

사기방조

Text

The judgment below

Of them, the part concerning the defendant's case shall be reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence is too unreasonable because the Defendant’s punishment is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. We examine both the judgment and the prosecutor’s unfair claims for sentencing.

The fact that the defendant recognized all of the crimes of this case since it reached the first time, that there is no record that the defendant has been punished for the same kind of crime, and that the defendant seems to have never been able to obtain substantial benefits from the crime of this case, is not so big, is favorable to the defendant.

However, the crime of this case is an act of taking part in the collection of so-called phishing crime. It is necessary to strictly punish all participants in order to eradicate the so-called phishing crime that consists of organized and planned measures against many and unspecified persons, and the role of the defendant is essential for the completion of the phishing crime, so it cannot be deemed that the degree of participation in the crime is less than that of the defendant. The victim from the crime of this case is 6 persons, and the defrauded amounted to 24.6 million won, and it is deemed that the damage was not completely restored to the trial. In addition, considering all sentencing conditions in the argument of this case, such as the defendant's age, sex, family relation, motive, means and consequence of the crime, and circumstances after the crime, it is recognized that the court below's punishment is unfair because it is too uneased.

3. The defendant's argument that the sentencing of the defendant is unfair is without merit, but the prosecutor's argument that the sentencing of the defendant is unfair is with merit, so the judgment of the court below is reversed, and the defendant's appeal is not dismissed as follows (as long as the judgment of the court below is reversed, the defendant's appeal shall not be dismissed separately) (the criminal facts and summary of the evidence recognized by the court and the summary of the evidence are "1. The defendant'

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