(영문) 수원지방법원 2016.07.15 2016노2391 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.07.15 2016노2391

전기통신금융사기피해방지및피해금환급에관한특별법위반방조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

However, for a period of three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The defendant involved in telecommunications financing fraud, which is called the "mination", and the crime of telecommunications financing fraud is an offense in which a large number of unspecified victims are involved under a strict prior plan, and thus, it is highly necessary to punish the defendant as much as he/she is extremely poor in the nature of the crime and even if he/she is a subordinate employee or an assistant.

However, the defendant recognized the crime of this case for the first time, and the defendant has an opportunity to reflect the defendant's life of detention for not less than nine months due to the crime of this case, and the defendant agreed upon (BE, BF, BG, BH, BI, BJ, BK, BL, BM, BZ, AZ, BN, BO, BP, BP, and Q) with some victims (the amount of damage stated in the attached list of crimes in the judgment of the court below is 46,762,00 won in total) and one half of the agreed amount of damage to the other victims who have not been agreed, and the records of criminal punishment against the defendant are not confirmed, and other circumstances that are the conditions of sentencing in this case after the defendant's age, sex, environment, family relations, etc., the defendant's argument that the above judgment of the court below was unfair and unfair is without merit.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is well-grounded, and it is again decided as follows (as long as the judgment of the court below is accepted by the defendant's appeal and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed in the disposition

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