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(영문) 서울남부지방법원 2016.11.24 2016노1668
사기방조
Text

The judgment below

Of those, the part on Defendant A (excluding the part on the return of the victim) shall be reversed.

Defendant

A. Imprisonment.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) The Defendant recognized all the facts charged in this case and divided his mistake in depth. The Defendant, who is a basic living recipient, committed each of the crimes in this case with a view to a difficult family situation because the mother, who is a basic living recipient, was to assist in living under the influence of living under the cancer, there are extenuating circumstances, and the degree of illegality is not significant in light of the type and frequency of the Defendant’s participation in the crime, and the amount of damage, etc. In the lower court’s judgment, the Defendant does not want the Defendant’s punishment at the stage of emergency arrest, and the victim’s G was confiscated at the time of the Defendant’s emergency arrest (one year and eight months of imprisonment) and expected to return the victim. In light of the fact that: (a) Defendant B, who is a basic living recipient of the instant charges, was unable to take advantage of his wrong depth; and (b) Defendant B, who is a student at Acheon University, was able to faithfully take part in his study as a result of his study; and (c) Defendant was relatively less likely to have participated in the Defendant’s and the Defendant.

B. The crime of the Telecommunications Financial Fraud Group is a systematic and planned crime committed against many unspecified persons, and there is a need for strict punishment. The Defendants aiding and abetting the fraud of the Telecommunications Financial Fraud Group for the purpose of receiving daily allowances, thereby causing each damage of the victim F to KRW 5 million, the victim G, which is KRW 11 million, Defendant A denied his/her own crime in the court of original instance, and Defendant B, the cash withdrawal liability.

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