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(영문) 춘천지방법원 2017.08.10 2017노496
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment telephone finance fraud crime is an offense committed in a planned and organized manner with many unspecified persons, and the nature of the crime is very heavy and has a significant adverse effect on society. The telephone finance fraud crime is divided into not only the total liability but also the participation of subordinate employees, such as withdrawal books, money exchange books, remittance books, collection books of passbooks, collection books of passbooks, and credit card delivery books, and the total liability is ordinarily strict and it is not easy to arrest because it is ordinarily hidden and is not easy to arrest. Therefore, the necessity to strictly punish the participation of subordinate employees, and the Defendant committed the crime of this case during the period of repeated offense is disadvantageous to the Defendant.

However, the defendant is in depth divided into his mistake.

In addition, the defendant appears to have actively participated in the crime of this case, and the leading of the crime is considered to be C, such as liaison with the inducement of the telephone financial fraud organization and withdrawal of direct money.

In addition, the defendant did not have any profit from the crime of this case, and expressed his intent that the above victim does not want to punish the defendant under the agreement with the victim G, and while the defendant did not withdraw the amount of KRW 4.1 million transferred to the national bank account in the name of D, D returned the amount of KRW 4.1 million to the above victim and thereby the damage suffered by the victim was restored.

In addition to these circumstances, considering the various conditions of sentencing as shown in the arguments, such as equity with the same similar case, the defendant's age, sexual conduct, environment, motive for committing the crime, and circumstances after committing the crime, the lower court's punishment is deemed to be too unreasonable, and thus, the above argument by the defendant is reasonable.

3. In conclusion, the judgment of the court below is reasonable in accordance with Article 364(6) of the Criminal Procedure Act, as the defendant's appeal is reasonable.

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