(영문) 서울남부지방법원 2016.06.23 2016노535

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2016.06.23 2016노535

사기

Text

All the judgment below against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the Defendants (one year of imprisonment) is too unreasonable.

B. The sentence imposed by the Prosecutor by the lower court to the Defendants is too uneasible and unreasonable.

2. The instant crime committed on the basis of the following facts: (a) the Defendants committed so-called so-called phishing frauds committed against many and unspecified persons in a systematic and systematic manner, which is of great social harm and high quality to the crime; (b) the Defendants played an essential role as a telephone counselor in committing the crime; and (c) the Defendants did not suffer damage from the crime.

However, in light of the circumstances favorable to the Defendants, such as the fact that the Defendants recognized the crime and reflected, the fact that the Defendants seems to have reached the crime due to the harsh judgment at the end of friendly F, the fact that there are no substantial benefits from the crime, the fact that there is no criminal history, the fact that there was no evidence of punishment, the fact that there was a prison life for about five months in the instant case, and the fact that social ties are evident, in particular, the Defendants agreed to pay a total of six million won to the victims in the first instance trial, and that there was an agreement with the victims, the punishment imposed by the lower court is too unreasonable, and thus, the Defendants’ assertion is reasonable.

3. In conclusion, the Defendants’ respective appeals are with merit. Accordingly, pursuant to Article 364(6) of the Criminal Procedure Act, all the judgment of the court below against the Defendants are reversed, and the appeal by the public prosecutor is again decided as follows after the pleading (the appeal by the public prosecutor is without merit according to the judgment stated in paragraph (2) above, but the public prosecutor’s appeal is not dismissed as long as the judgment of the court below is accepted by the Defendants’ appeal and all of the judgment below is reversed). [Judgment used again] Criminal facts and the summary of evidence recognized by the court and the summary of evidence are all the same as the relevant column of the judgment below

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