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(영문) 부산지방법원 2015.07.23 2015노1647
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the lower court (one year of imprisonment, one year of confiscation) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized the entire crime of this case, thereby against his mistake; (b) there is no past record of criminal punishment; (c) the degree of the Defendant’s participation in the crime of this case is relatively minor; (d) there is no benefit of direct acquisition by the attempted crime of this case; and (e) there is no benefit of direct acquisition by the Defendant, including the Defendant’s family members, who want to take the Defendant’s wife while the Defendant’

However, the crime of this case is a so-called "wishing" crime, which causes significant harm beyond the level of personal fraud by taking full account of the fact that the crime of this case is committed in connection with an overseas organization such as China, such as a person who prepares an account to receive the remittance of the money from the victims, a person who executes deception by telephone, a person who withdraws money from the victims or received money directly from the victims, and a person who remitted money to the general responsibility, etc., and takes part in the act of receiving money from an unspecified number of unspecified persons, and as such, it is highly systematic and planned to the degree of criticism, and it is not possible to arrest and punish a criminal organization staying overseas by our judicial agencies. Such crimes of this case are more intelligent and have increased social damage, such as the defendant's simple cash withdrawal or delivery books, and there is a need to strictly punish the defendant, who actively takes part in the crime of this case, such as withdrawing money from the Internet, and actively takes part in the criminal act of this case 201 to another person.

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