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(영문) 대전지방법원 2015.11.19 2015노2803
사기등
Text

Defendant

The appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair punishment) of the original judgment (two years of imprisonment) is too unreasonable.

2. The circumstances can be taken into account, such as the fact that the Defendant’s mistake was pened and reflected in depth, that there was no record of punishment in Korea, and that the Defendant appears to have not much the amount acquired as a result of the instant crime.

However, the crime of this case was committed by telephone using personal information of many unspecified persons; it was committed by misrepresenting the staff of the Financial Supervisory Service to withdraw deposits in cash and have the victims keep them in custody; it was committed by deceiving cash from the victims or by intrusion into a place where the victims keep cash. Such a crime was committed closely and systematically against the victims of an unspecified number of difficulties, and the method of punishment is also necessary because damage is spreading considerably due to advanced reconciliation. Some of the crimes were committed by intrusion upon the victim's house, and the form of the crime was considerably excessive and highly dangerous; the defendant's direct profits are not high.

Even if the amount of damage exceeds KRW 22,920,00, not recovered from damage, etc., and the crime Nos. 1 of the scope of the recommended sentence for the instant crime according to the sentencing guidelines established by the Supreme Court's sentencing committee: thief; thief for general property; thief for theft; 4 (In the case of systematically sharing a criminal conduct); special stief for general property; stief (in the case of systematically sharing a criminal conduct), decision on the recommended area; 1 (in the case of being less than KRW 100,00), 1 type of general fraud (in the case of committing a crime for a specific or a large number of victims) and 2nd crime: In the case of fraud; 200,000 won; 3rd of the recommended area; 4th of the recommended sentence (in the case of a special heavy area); and 4th of the recommended sentence (in January through September).

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