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(영문) 부산지방법원 2017.07.20 2017노1730
사기등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. As to the decision of the court below on the summary of the reasons for appeal (one year and six months of imprisonment), the defendant asserts that the defendant is too unfasible, and the prosecutor is too unfasible and unfair.

2. The Defendant, as a telephone incentive for the phishing criminal organization, who is based on China, conspired with the staff of the organization, by deceiving 7 victims, thereby deceiving 6,850,000 won.

In light of the following: (a) the Defendant led to the instant crime on November 27, 2015; (b) the crime of fraud (three years of suspended sentence in one year and two months of imprisonment); and (c) the concurrent crimes under Article 37 of the Criminal Act; and (d) the profits earned by the Defendant are not significant; (b) the crime of Bosing is committed against many unspecified victims; and (c) the crime of Bossing is an organization that has an adverse impact on society; (d) it is not easy for the Defendant to arrest the offender; (b) the role of telephone inducement for the Defendant is core in the Bosing crime; (c) there is a strict need to punish the offender in light of the degree of participation; and (d) there is no damage to the victims; and (e) the other circumstances of the instant punishment and various changes, such as the records and the environment of the Defendant, which are disadvantageous to the Defendant, such as the victim’s age, sex, and environment, etc., the lower judgment’s punishment is adequate, too unreasonable or unreasonable.

3. According to the conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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