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(영문) 서울남부지방법원 2017.07.21 2017노520
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The so-called “singing” crime is a planned, organized, intelligent, and intelligent consequence, and is serious, and the social harm resulting therefrom is also serious, and the quality of the crime is very poor.

In addition, there is a need to strictly punish lower-ranking employees' participation in the act of taking part in the activities of lower-ranking employees, such as the withdrawal books, money exchange books, remittance books, the recruitment of passbooks, and credit card delivery books.

Among them, the Defendant took part in the phishing organization in China, and took part in the victims of the phone calls, and played the role of "induction" that caused deception by misrepresenting the prosecution investigator by misrepresenting the victims, and thus, the Defendant is more likely to take part in the mere cash withdrawal.

Although the defendant is a primary offender, this case is an offense committed by the defendant when he is a minor, and the defendant is later repented, and the victim V was agreed with the victim and deposited KRW 2 million for the purpose of the victim P. However, considering the importance and necessity of punishment as seen earlier, the sentence imposed by the court below is deemed appropriate and is too unreasonable.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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