(영문) 울산지방법원 2017.01.13 2016노1470 | 리걸엔진

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 울산지방법원 2017.01.13 2016노1470

사기등

Text

Of the judgment of the court of first instance, the part on Defendant B and the judgment of the court of second instance shall be reversed in entirety.

Defendant

B Imprisonment for three years.

Reasons

1. The gist of the grounds for appeal is that the Defendants filed each appeal on the grounds that each of the court below’s punishment (the first instance court: Defendant A’s imprisonment for 2 years and 6 months, Defendant B’s imprisonment for 3 years, etc., Defendant B’s imprisonment for 10 months: Defendant B’s imprisonment for 10 months) is too unreasonable.

2. Determination:

A. As to the grounds for appeal by Defendant A, the fact that the Defendant both recognized and reflected the instant crime, that the Defendant had no record of criminal punishment in the Republic of Korea prior to the instant case, that the gains actually acquired by the Defendant through the instant crime appears to be merely a part of the amount of fraud, and that the Defendant participated in the instant crime after receiving the proposal from Defendant B, etc. is favorable to the Defendant.

However, the crime of this case is committed by the defendant in collusion with the employees of the Mediation Agency or the Financial Supervisory Service by receiving 10% of the money directly from the victims who were accused of him, and then acquiring 10% of the money from the criminal proceeds, and remitting the remaining amount to the employees of the Mediation Agency of the Washington crime, and the nature of the crime is very poor in light of the organized and planned criminal methods, the degree of participation, etc., and the so-called "Sscaming" like the crime of this case is a crime that undermines the credibility of financial transaction safety and is causing serious danger and danger to the society as the victims are intelligence, and it is inevitable to punish the victims with severe punishment. The victims of the crime of this case seem to have suffered considerable financial difficulties by deceiving property by the elderly, and the amount of damage to the crime of this case is not recovered to 90 million won, and it is not recovered to 90 million won.

유사 판례

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