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(영문) 대전지방법원 2016.03.31 2015노2719
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (one year of imprisonment, two years of suspended execution, and confiscation) is too unfford and unfair.

2. The so-called phishing crime, such as the instant case, is a crime against many and unspecified persons, and the nature of the crime is not weak because of its social shock, and the degree of the Defendant’s participation is not small.

However, in light of the following circumstances: (a) the Defendant recognized the instant crime and seriously reflects the Defendant; (b) the victim I of a large amount of damage appears to have recovered the total amount of damage; and (c) the Defendant has no record of criminal punishment other than the punishment of a fine imposed three times due to the instant crime; and (b) the Defendant’s age, sexual behavior, environment, motive, means and consequence of the instant crime; and (c) comprehensively takes into account all the sentencing conditions, such as the Defendant’s age, sexual behavior, environment, motive, means and consequence; and (d) the circumstances

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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