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(영문) 청주지방법원 2018.04.13 2018노114
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable in light of the fact that the defendant was committed in this case, and that the defendant was the primary offender, etc.

2. The facts that the Defendant was aware of and against the instant crime, and that the Defendant agreed with the victim AR, AJ, and AS before the pronouncement of the lower judgment, and that the Defendant agreed to pay KRW 1 million each to the victim BB and BC after the issuance of the lower judgment, and that the Defendant did not have any record of criminal punishment, are favorable to the Defendant.

However, if the Defendant participated in the telephone financial fraud organization and misrepresented an unspecified number of victims to send a hand phone to an unspecified number of victims via a telephone system, the crime of this case will be loaned.

It is very bad in the nature of the crime by deceiving property exceeding KRW 200 million repeatedly over a long period of time, and the telephone financial fraud crime like this case is committed in a planned and organized manner by misrepresenting a financial institution or public institution against many unspecified persons. It is necessary to impose severe punishment in that there is a great harm and injury caused by such deception, such as causing serious damage to a large number of unspecified persons, undermining the trust of financial institutions or public institutions, and promoting the general society of society, etc. In addition, with respect to some crimes, the Defendant has significant degree of participation in the crime by performing the role of team leader who is to calculate allowances according to the loan performance in managing the tele-financial organization and report to the manager according to the loan performance, and most damages caused by the crime of this case are not recovered. The Defendant did not enter the Republic of Korea for a long time after having committed the crime in the Philippines, but did not enter the Republic of Korea with knowledge that the investigation of accomplices is being conducted, and the conditions of sentencing as indicated in the argument of this case, such as age, behavior, environment, etc.

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