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(영문) 인천지방법원 2015.05.15 2015노978
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The following facts are revealed: (a) the Defendant made confessions and reflects all of the instant crimes; (b) the degree of participation in the instant crime is relatively minor compared to F, and there is no same kind of criminal record; (c) the Defendant’s crime is committed in favor of the Defendant; (d) on the other hand, the Defendant’s crime is committed by telephone financial fraud, which is called “scaming,” which is committed against many unspecified persons in a planned and organized manner; (b) there is considerable social harm by massing a large number of victims; (c) there is considerable need to punish victims with considerable economic suffering; (d) the violation of the Electronic Financial Transaction Act, even though being aware that the Defendant would be used for the instant crime, was taken over a large number of means of access; (e) the frequency or fraud of the instant crime was not sufficiently recovered; (e) the number of the instant crime committed by the Defendant did not reach an agreement with the victims; and (e) the Defendant committed the instant crime during the period of repeated punishment after being sentenced to special larceny at the Incheon District Court on June 14, 2014, and the Defendant’s age records and circumstances before and criminal punishment.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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