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(영문) 서울북부지방법원 2018.12.14 2018노1806
사기등
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.

Nos. 1 and 2 of seized evidence from the defendant.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) against the Defendant is too unreasonable.

2. The instant crime of this case, based on the Defendant’s grounds for appeal, is a so-called “Sishing” crime, which, in a systematic and professional manner, takes part in multiple persons’ roles according to a thorough plan, obtains 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.

The sum of the amounts that have been obtained or attempted to obtain by deception due to the instant crime is more than 53 million won.

The Defendant, as a so-called “book of worship or collection,” played a significant role in the entire crime, used documents in the name of the Financial Supervisory Service and carried out the duties of the staff of the Financial Supervisory Service.

In particular, the Defendant had committed each of the crimes in this case during the duration of the trial of the resistance after having already been prosecuted as a result of a crime of different types and has been sentenced to a suspended sentence of imprisonment.

In light of these points, it is inevitable to severely punish the defendant.

However, among the crimes in this case, the crime against the victim K was committed against the attempted crime, and there was no substantial damage.

In the course of the crime of this case, the amount acquired by the defendant in return for the crime of this case shall not be less than the sum of 600,000 won per day.

The Defendant recognized the crime up to the truth of the party, and took a depth of his mistake, and agreed with the victim D, G, H, and I in the course of investigation by paying a sum of KRW 1,035,00 to the victim D, G, H, and I, and agreed with the victim K in the trial.

The Defendant is prior to committing the instant crime.

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