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(영문) 서울북부지방법원 2018.11.09 2018노1630
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

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 minor or unreasonable.

2. We also examine the examination of the grounds for appeal by the prosecutor and the defendant and the sentencing of the defendant.

The crime of this case is a so-called " Bosishing" crime, which took part in the role of a large number of people according to a thorough plan, and acquires money from an unspecified number of victims systematically and professionally.

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 crime of this case has been committed repeatedly several times with the same method, and the amount acquired by deception through the crime is more than 26 million won in total.

The Defendant, as a so-called so-called “measures to withdraw”, played a significant role in the entire crime.

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

However, on the other hand, the amount promised to receive as a price by the defendant in the course of the instant crime is not larger than KRW 100,000 per day and is not larger than the amount obtained by fraud.

The defendant recognizes the crime up to the trial of the party, and is in depth repenting his mistake.

Defendant has no particular criminal history in Korea.

On the other hand, KRW 11 million out of the amount obtained by deception due to the instant crime was confiscated during the investigation process and returned to the victims.

In addition, comprehensively taking account of various circumstances that form the conditions for the pleadings and the sentencing indicated in the records of the instant case, such as the Defendant’s age, sex, environment, motive and background of the offense, means and method of the offense, and the circumstances after the offense, the above punishment, which the lower court sentenced, is deemed to be too heavy or unreasonable.

Therefore, prosecutors, etc.

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