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(영문) 울산지방법원 2020.01.23 2019노1222
사기등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for three years.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (Defendant A: Imprisonment with prison labor for three years and four months, Defendant B and C: Imprisonment with prison labor for two years and six months, etc.) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. Determination on the grounds for appeal

A. Defendant A’s judgment on each of the instant crimes committed against Defendant A refers to false information by misrepresenting himself/herself to an investigative agency and communicating the victims to know that it was likely to have been involved in an offense. Defendant A’s domestic withdrawal measures constitute a fraud against many victims while participating in the instant crime by misrepresenting himself/herself from the Financial Supervisory Service to the employees of the Financial Supervisory Service. In light of the method of planned and organized criminal acts and the scale of damage therefrom, etc., the nature of the crime is very good; Defendant A’s fraud was eight victims caused by the Defendant’s participation in the instant crime; the total amount of damage was reached KRW 65 million; Defendant A appears to have been aware of the fact that he/she had not yet participated in the crime; Defendant A continued to engage in the instant crime from November 2016 to January 2018, and Defendant A did not appear to have been aware that the period of his/her participation in the instant crime was limited to the period of 16 months from the date of his/her participation in the phishing Center.

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