logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.12.17 2015노1463
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below against Defendant A and C (the punishment of imprisonment with prison labor of two years) is too unreasonable.

B. Defendant D1) misunderstanding of facts (as to Defendant D1’s fraud No. 11 or 15’s annual table of crime committed in the original judgment), the Defendant did not have conspired to commit or participated in the commission of a crime because he had been in Korea at the time of committing the fraud as set forth in No. 11 or 15’s annual table of crime committed in the judgment of the court below. 2) The punishment (two years of imprisonment) sentenced by the court below against Defendant D is too unreasonable.

2. Determination

A. Defendant A and C’s grounds for appeal are recognized as all of the crimes, and their depth is divided, the Defendants did not have any record of punishment exceeding the same kind of criminal records or fine, and Defendant A was economically difficult at the time of the instant case due to an influence period. Defendant C voluntarily attended the investigative agency and actively cooperated in the investigation is favorable to the Defendants.

However, the crime of fraud, such as the crime of this case, is not only organized and planned intelligence, but also mainly against the financial and social weak, thereby creating many victims throughout the country, making many victims and members of the society in a reliance on the trust relationship with the State agencies or financial institutions, making many victims and members of the society not only significantly adversely affect the trust relationship in the whole society, so the crime is very poor, but also highly likely to social criticism, and the defendants' period and frequency of the crime, degree of damage, etc. are very heavy. In particular, the defendants play a counselor at the call center to the degree of participation in the crime, and they did not agree with the victims or most damage recovery to the court, etc. are disadvantageous to the defendants.

(b) other.

arrow