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(영문) 인천지방법원 2017.12.15 2017노3790
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. The Defendant participated two times in the process of delivering the amount of damage to the phishing crime committed against many and unspecified persons in a planned and organized manner, and acquired the access media in the process.

The crime of Bosishing, such as the crime of this case, not only should the victims suffer a considerable economic impact, but also it is not easy to recover from damage after the death. On the other hand, a number of victims and members of society, who are charged with the crime of this case, make the state agencies or financial institutions in a bad faith, and as a result, it is highly necessary to punish the victims strictly because they have a serious adverse effect on the trust relationship in the overall society.

Such circumstances are disadvantageous to the defendant.

On the other hand, the defendant recognized the crime of this case and reflected his mistake.

In the court below, the defendant paid the full amount of the acquired amount (50 million won) to the victim C in the court below, and the above damage does not want to be punished by the defendant by the original agreement, and the money obtained by deceit to the victim F in possession at the time of arrest of the defendant is confiscated and the damage of the victim is likely to be restored.

The profits earned by the defendant from the crime of this case seems to be significantly short of the amount of damage, and the defendant has no record of punishment in Korea.

It seems that the defendant's female-friendly group is maintaining a normal social relationship by wanting the defendant's wife.

Such circumstances are favorable to the defendant.

In full view of the circumstances and motive leading up to the instant crime, the period of participation in the instant crime, the degree and mode of participation, age, sexual conduct, family environment, family relationship, and the circumstances after the instant crime, the lower court’s judgment was committed against the Defendant.

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