logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.19 2015노1289
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that with respect to the punishment (one year of imprisonment, one year of imprisonment and one year and six months of imprisonment) declared by the court below against the Defendants, the Defendants are too unreasonable and unfair, and the prosecutors are deemed to be too uneasible and unfair.

2. We also examine the Defendants and the Prosecutor’s assertion of unreasonable sentencing.

As seen in the instant case, it is necessary to strictly punish the Defendants as it is not only planned and organized against many unspecified persons, but also causing serious damage to many victims, and thus it is difficult to recover damage. The Defendants play a counselor at the call center. Nevertheless, most of the victims agree with the victims or did not recover damage. Defendant B committed a crime in Vietnam and China; Defendant B committed a crime; Defendant B’s liability is considerably heavy in light of the period and frequency of the crime and degree of damage, etc.

However, the fact that the defendants are both aware of the crimes, the defendant A is the first offender, and the defendant B has no record of punishment exceeding the same criminal record or fine, the period of the crime of the defendant A is relatively short, the amount of fraud is not much much, and the defendant B voluntarily attended the investigative agency is favorable to the defendants.

In addition, taking into account the following circumstances: the Defendants’ age, character and conduct, environment, family relationship, the degree of profit acquired by the commission of crime, and the circumstances after the commission of crime, etc., the sentence against the Defendants cannot be deemed too heavy or unreasonable.

3. In conclusion, since the appeal by the Defendants and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow