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(영문) 서울남부지방법원 2016.06.10 2016노149
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment of two years and six months, Defendant B's imprisonment of one year and nine months, and Defendant C of two years.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment for Defendant A, one year and six months of imprisonment for Defendant B, and one year and six months for Defendant A) against the Defendants by the prosecutor is unreasonable.

B. The sentence of the lower court against Defendant A is too unreasonable.

2. In full view of the following circumstances, which are the conditions for sentencing, the lower court’s sentence against the Defendants is deemed unfair as it is unhutiled, and the lower court’s sentence against Defendant A cannot be deemed unfair as it is too unreasonable.

A. Normally favorable to the Defendants (1) the Defendants are contrary to the recognition of the instant crime.

② At present, Defendant A is 20 years of age, Defendant B and C are 19 years of age, and Defendant B was a minor at the time of committing the instant crime.

③ Defendant A and B voluntarily attended the police (Evidence No. 732,751 page). (4) At the lower court, Defendant C deposited KRW 5 million in total for the victim H, Z, andO (the trial record No. 169 through 171 of the trial record). (b) Normally unfavorable to the Defendants: (a) the instant Bosing crime was committed by misrepresenting the state agency against an unspecified number of victims in a systematic and systematic manner; (b) there is a need to punish the Defendants as a serious crime that seriously undermines the public confidence and security of transaction in the state agency; and (c) the role of the financial fraud phone by the Defendants is the core act of the criminal act of Bosing.

② On December 18, 2014, Defendant A, during the period of protection observation following juvenile protective disposition (102 pages of trial record), committed a singishing at the Call Center, which entered the Republic of Korea on February 8, 2015, and entered the Republic of Korea on March 1, 2015, and subsequently committed a singishing at the Call Center, which entered China again on March 1, 2015, and took part in the singishing organization several times, such as committing a singishing at the Sing Center. The period of participation reaches approximately four months.

Defendant

The amount of damage caused by A's crime is 3,6710,000 won.

Defendant

A on May 10, 2015. Korea.

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