(영문) 인천지방법원 2015.11.27 2015노3705 | 리걸엔진

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(영문) 인천지방법원 2015.11.27 2015노3705

전기통신금융사기피해방지및피해금환급에관한특별법위반등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence sentenced by the court below against the Defendants is too unreasonable.

B. Each sentence sentenced by the prosecutor by the court below against the Defendants is too unhued and unreasonable.

2. In light of the judgment, the defendants recognized the crime of this case, the first offender, the defendants agreed to pay damages to the victims S and AA, and the victims expressed their desire to take the action against the Defendants, etc. are favorable to the defendants.

However, the crime of this case, in which the Defendants participated, is the so-called “singing” crime committed against many and unspecified persons in a planned and organized manner, and the nature of the crime is inferior and social harm is very high, and strict punishment is required. The roles of the Defendants’ roles are to contribute to the process of securing the passbook (e.g., physical card) and to the process of realizing the final profit-making of the crime, and the degree of participation is not less than that of the crime. In particular, the term “organization fraud (amount less than KRW 100,000)” such as this case is set forth in the sentencing guidelines as the basic area of the crime of this case, which is set forth in the sentencing guidelines for a minimum of one year and six months, and the maximum of three years, which is set forth in the sentencing guidelines, and includes the aggravated elements of the punishment, and that it is necessary to maintain balance with the criminal punishment for the same kind of crime.

In addition, comprehensively taking account of all the circumstances alleged by the Defendants, such as the age, character and conduct of the Defendants, motive and background leading to the instant crime, and circumstances before and after the instant crime.

Even if the court below's punishment imposed on the defendants is appropriate, and it seems that it is too heavy or too unreasonable, so the defendant's and prosecutor's above assertion are without merit.

3. Conclusion, the Defendants and.

유사 판례

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