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(영문) 의정부지방법원 2017.02.02 2016노2949
사기
Text

The defendant's appeal is dismissed.

Reasons

The decision of the court below on the grounds of appeal (one year and six months of imprisonment, and confiscation) is too unreasonable.

Judgment

It is recognized that there is no record that the defendant has been punished for the same crime and there is no record of punishment exceeding the fine, that the court below agrees with four victims, and that some cooperation has been made in the investigation.

그러나 피고인이 가담한 이른바 보이스 피 싱 범행은 특히 경제적 ㆍ 사회적 약자들을 주요 범행 대상으로 삼아 그 궁박한 처지를 이용하여 이들을 더욱 어려운 상황에 이르도록 하는 등 죄질이 매우 나쁠 뿐만 아니라 그 범행 수법이 갈수록 지능화 하는 등 범행이 야기하는 사회적 폐해도 심각하다.

Moreover, since these crimes are structural characteristics that make it difficult to arrest the entire organization members, it is necessary to eradicate them through strict punishment even if not only those who led the crimes but also those who participated in only part of the crimes.

In the case of this case, the criminal defendant's participation (except for the part that was committed after the arrest of the defendant) exceeds 40 persons, and the total amount of damage exceeds 120 million won, and the nature of the crime is considerably heavy.

It seems that most of the damages have not been recovered up to the trial.

In full view of the aforementioned circumstances and the general amounts of punishment in the same and similar cases, and the Defendant’s age, sex, environment, family relationship, motive, background, means and consequence of the crime, etc., the conditions of sentencing as shown in the arguments in the instant case, including the circumstances after the crime was committed, and the scope of the recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the lower court’s judgment cannot be deemed to be unfair because it excessively exceeds the lower limit of the above recommended sentence scope.

Therefore, the defendant's assertion is without merit.

In conclusion, the defendant's appeal is without merit and Article 364 of the Criminal Procedure Act.

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