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(영문) 서울북부지방법원 2018.03.16 2018노21
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three years of imprisonment) is too unhued and unreasonable.

2. The instant crime of determining the prosecutor’s improper assertion of sentencing is a so-called “sishing” crime, which, in a systematic and professional manner, took part in multiple persons’ roles in accordance with a thorough plan, acquired money from an unspecified number of victims.

In the case of the so-called phishing crime, not only the total liability but also the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, solicitation books of passbooks, card delivery books, etc. Therefore, it is necessary to strictly punish subordinate officers' participation.

It is a large amount of money that is obtained or attempted to obtain by fraud due to the crime of this case from the total amount of KRW 200 million.

The Defendant served as a so-called “book delivered to him or her,” and played a significant role in the entire crime.

After committing the crime, the Defendant attempted to destroy evidence by deleting the contents of the Messenger dialogue.

In light of this point, it is inevitable to punish the defendant significantly.

However, some of the crimes of this case are attempted and actually acquired by the defendant is KRW 100,000,000,000,000,000.

The defendant recognizes the crime up to the trial for the defendant, repents his mistake in depth, and has no record of criminal punishment in Korea.

In addition, various circumstances that may serve as the conditions for sentencing as shown in the arguments and records of the instant case, including the Defendant’s age, sex, environment, motive, background, means and method of committing the crime, and the scope of the recommended sentence according to the sentencing guidelines of the Supreme Court sentencing committee [the systematic fraud range is limited to the lower limit of the recommended sentence, since the crime of fraud for which the sentencing guidelines have not been set for more than four years has not been set, is in the relation of the former part of Article 37 of the Criminal Act with the attempted crime for which the sentencing guidelines have not been set).

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