(영문) 서울북부지방법원 2016.10.20 2016노893

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(영문) 서울북부지방법원 2016.10.20 2016노893

사기등

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and nine months.

evidence of seizure.

Reasons

1. The summary of the grounds for appeal is as follows: sentencing (two years of imprisonment, confiscation, and confiscation; one year and six months of imprisonment, and confiscation) against the Defendants (the Defendants A) is too heavy or unreasonable.

2. Determination on the grounds for appeal

A. In light of the fact that the criminal conduct committed by the Defendant with respect to Defendant A causes in a systematic, planned, intelligent, and unspecified number of unspecified people to inflict a discriminatory and serious adverse effect on the trust relationship in the overall society, and that the amount withdrawn by the Defendants from September 17, 2015 to September 25, 2015 reaches KRW 66 million, strict punishment against the Defendant is necessary.

However, examining in full view of the following circumstances: (a) the Defendant committed each of the instant offenses; (b) the Defendant was aware of and divided into several victims; (c) the Defendant repaid and agreed on the amount of damage to the victim up to the trial; (d) the equity in sentencing with Defendant B; and (e) the motive and background leading up to the instant offense; (b) the means and method of the commission of the offense; (c) the circumstances before and after the instant offense; (d) the Defendant’s age, character and conduct, and occupation, and other various conditions attached to the sentencing

It is recognized that it is too unreasonable rather than that.

B. We also examine Defendant B’s assertion of unfair sentencing by both the Defendant and the prosecutor.

The crime of Bophishing, in which the defendant participated, is committed, is committed in a systematic, planned, intelligence, and unspecified number of unspecified persons, causing a brupt and serious adverse effect on trust relationship in the overall society, and thus, requires strict punishment. There are circumstances unfavorable to the defendant, such as that the defendants' withdrawal from September 17, 2015 to September 25, 201, exceeds 66 million won.

However, it is true that the defendant has committed each of the crimes in this case, and repented.

유사 판례

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