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(영문) 대전지방법원 2019.08.29 2019노1440
사기
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

The Daejeon District Prosecutors' Office, which has been seized, shall be the District Prosecutors' Office.

Reasons

1. The summary of the grounds for appeal: The punishment imposed by the lower court (one year and six months of imprisonment) is too unhued and unreasonable.

2. The Defendant recognized all of the instant crimes and is in depth against each other.

The Defendant actively cooperated in the investigation.

There is no criminal history against the defendant in the Republic of Korea.

These circumstances are favorable to the defendant.

However, each of the crimes in this case constitutes a so-called “Singing” crime, and the method of committing the crime is organized, planned, intelligent, and serious as well.

The crime of Bophishing is a major crime subject to the economic and social weak, and it is not good that the crime is committed in such a situation that it is more difficult to take advantage of the mershed wife, and it is also serious social harm caused by the crime, such as intelligence, etc.

In addition, the above crimes are also likely to be socially criticized by seriously impairing the trust of the state agencies and financial institutions of ordinary members as well as the victims.

Therefore, it is necessary to eradicate these crimes through severe punishment.

The Defendant performed an essential role in achieving the purpose of committing a crime as a guide for collecting or conveying phishing organizations.

The defendant assumes a false identity card and false document under the name of the Governor of the Financial Supervisory Service and assumes a false position as an employee of the Financial Supervisory Service.

The victims suffered serious economic damage due to each of the crimes in this case, and such damage was not completely recovered.

These circumstances are disadvantageous to the defendant.

In addition, the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, family relationship, motive and background of each of the crimes of this case, means and results thereof, and the circumstances after the crime.

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