(영문) 의정부지방법원 2016.01.15 2015노3012

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 의정부지방법원 2016.01.15 2015노3012

사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. The judgment was examined. The crime of this case is the organized and intelligent crime of the so-called telephone financial fraud, through which money is obtained from many unspecified victims, and it is difficult to crack down because the method of crime is secret and planned, and social harm is so high that it is necessary to severe punishment. In particular, the crime of this case is considerably significant in light of the contents and method of the crime of this case, and the fact that the defendant attempted to receive cash directly from the victims by forging the certificate of a member of the Financial Supervisory Service, and that there is no agreement with the victim J is no agreement, etc., which is disadvantageous to the defendant.

However, in light of the following circumstances: (a) the Defendant recognized the facts of the crime and reflects his mistake; (b) the degree of participation in the crime is relatively minor compared to the principal offender; (c) the lower court and the first instance court agreed with the victim G by depositing KRW 1 million in the victimJ; (d) the Defendant’s actual profits from the crime of this case appear to be small; (b) the Defendant’s family members and branch members want to take advantage of the Defendant’s wife; (c) the Defendant’s age, sexual conduct, intelligence and environment; (d) the Defendant’s motive and background, means and consequence of the crime of this case; and (e) other circumstances that form the condition for the sentencing of this case, such as the circumstances after the crime, criminal records and family relations; and (e) the Defendant’s assertion is unreasonable since the sentence of the lower court is somewhat unreasonable to maintain it as it is.

3. In conclusion, the part of the judgment of the court below against the Defendants is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and it is again decided as follows.

Criminal facts

The summary of the evidence and facts constituting the crime recognized by the court and the evidence related thereto.

유사 판례

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