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(영문) 서울북부지방법원 2018.07.13 2018노715
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Seized evidence 1 or 2 shall be confiscated.

seizure.

Reasons

1. The sentence of the lower court (two years of imprisonment) against the Defendant on the summary of the grounds of appeal is too unreasonable.

2. The instant crime of this case, based on the Defendant’s grounds for appeal, is a so-called “Sishing” crime, which, in a systematic and professional manner, takes part in multiple persons’ roles according to a thorough plan, obtains money from an unspecified number of victims.

In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.

It is a large amount of money that is obtained or attempted to obtain by fraud due to the crime of this case from the total sum of 30 million won.

The Defendant, as a so-called “book of Distribution or Delivery,” played a significant role in the entire crime, and used a secret method by exercising official documents under the name of the Chairperson of the Financial Services Commission in the course of committing the crime.

In light of these points, it is inevitable to severely punish the defendant.

However, the amount acquired in return for the defendant in the course of the crime of this case is not large in the amount obtained by fraud by over million won.

The defendant recognizes the crime up to the trial of the party, and is in depth repenting his mistake.

Defendant has no record of criminal punishment in the Republic of Korea.

Meanwhile, among the instant crimes, the crime against the victim G was committed.

The defendant paid 21.4 million won to the victim F in the trial, and agreed that the above victim expressed his/her intention not to punish the defendant, and if the above 21.4 million won includes the fraud amount of KRW 1.6 million confiscated in the investigation process, the damage amount to the above victim seems to have been actually recovered.

The age, sex, environment, and crime of the defendant.

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