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(영문) 인천지방법원 2016.08.19 2016노2177
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (a prison term of 10 months and confiscation) is too unreasonable.

2. Although the judgment of the court below is favorable to the defendant, such as the fact that the defendant recognized the defendant's mistake as a primary offender and reflects it, each of the crimes of this case constitutes an intelligent fraud by the so-called "Sishing" through which the defendant received money from the victims by phoneing to many and unspecified persons in the Republic of Korea as a member of the criminal organization. In the case of the crime of Bosishing fraud, even though the social and economic harm is serious, the crime is very serious, and it is not easy to arrest the criminal. Thus, it is very important to prevent recurrence by strictly punishing the defendant's act of taking part in the withdrawal of transferred money, and other factors of all of the punishments of this case, such as the defendant's age, sex, environment, motive, process, method, size of the crime, degree of participation in the crime, equity in punishment among the accomplices, and circumstances after the crime, etc., it is not acknowledged that the punishment of the defendant is too unfair.

3. Accordingly, 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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