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(영문) 의정부지방법원 2016.12.08 2016노2173
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for three years, for two years, for two years, for three years, for three years, and for one year.

Reasons

The summary of the grounds for appeal that the court below sentenced the defendants to each punishment (for defendant A, 4 years of imprisonment and confiscation, 3 years and 6 months of imprisonment, 3 years and 6 months of confiscation, 3 years of imprisonment and 3 years of confiscation, 3 years of confiscation, and 4) is unfair.

Judgment

피고인들이 가담한 이른바 보이스피싱 범행은 특히 경제적ㆍ사회적 약자들을 주요 범행 대상으로 삼아 그 궁박한 처지를 이용하여 이들을 더욱 어려운 상황에 이르도록 하는 등 죄질이 매우 나쁠 뿐만 아니라 그 범행수법이 갈수록 지능화하는 등 범행이 야기하는 사회적 폐해도 심각하다.

Moreover, since these crimes are structural characteristics that make it difficult to arrest the entire organization members, it is necessary to eradicate them through strict punishment even if not only those who led the crimes but also those who participated in only part of the crimes.

In this case, the Defendants separately conducted business registration of Kwikset service and prepared a ground for committing the crime, and leased the vehicle and other means of movement to funds received from the employees of Bokseting operation in China to systematically and systematically commit the crime. The crimes are very heavy.

Defendant

A takes a direct contact with the Bosing staff in China, led the criminal act, and the degree of his participation is not easy.

However, the defendants agreed with the victim AE in the court below, and in the case of the victim Q, the amount of damage could not be withdrawn.

Defendant

D is a primary offender, and there is no record of punishment exceeding the punishment and fine imposed for the same kind of crime.

Defendant

C and D seem to have failed to obtain specific benefits from the instant crime.

The above circumstances and the general sentencing in the same or similar case, including the defendants' age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, and the circumstances after the crime.

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