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(영문) 서울서부지방법원 2015.10.16 2015노1212
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) to the point of the reasons for appeal is deemed to be too uneasy and unreasonable;

2. The crime of Bophishing fraud of this case is not only organized and planned, but also committed mainly against the ordinary people, and thereby, massing many victims within the nation. As a result, many victims and members of the society are incomforcing state agencies, financial institutions, etc., which have a serious adverse effect on the trust relationship of the society as a result, and thus, it is very poor to commit the crime.

However, in light of all the sentencing factors favorable to the defendant, including the confession of the crime of this case and the fact that the defendant made an agreement with the victim Q, P, the fact that the defendant made an agreement with the other victim F and M, the full amount of the damage amount deposited by the defendant for the victim F and M, and there is no evidence to deem that the defendant actively led the victims to make a false statement by calling the victim, as alleged by the prosecutor, in addition to the defendant's participation in the defendant's withdrawal of the crime of this case, and there is no evidence to deem that the defendant played an active role in inducing the victims to make a false statement. The defendant is the first offender who has no criminal power, and other various sentencing factors shown in the argument of this case, such as the defendant's age, character and behavior, environment, the course and result of

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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