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(영문) 서울남부지방법원 2015.10.30 2015노1385
전기통신금융사기피해방지및피해금환급에관한특별법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

The gist of the grounds for appeal by the defendant is that the defendant led to the crime of this case, the defendant took part in the crime of this case in order to seek the value of the flight slip to return to the Republic of Korea, the defendant merely engaged in soliciting the so-called large passbook and did not directly induce the victim such as fraud, the amount of profit acquired by the defendant in this case is only 70,000 won, and the defendant must support his/her family including his/her children. In light of the circumstances, the punishment of imprisonment of two years imposed by the court below is too unreasonable.

In light of the circumstances such as the fact that the instant crime was committed systematically and systematically as the so-called singishing crime, and the nature of the crime is very poor, and the Defendant engaged in solicitation activities for the so-called 'Singotbook' even in China, whose liability is heavy, and the Defendant committed the instant crime without being aware of it during the period of probation, three times the period of criminal punishment, and in particular, the Defendant committed the instant crime without being aware of it during the period of probation, the punishment sentenced by the court below is deemed

However, considering the fact that the defendant is against himself, the amount of damage in this case is 3,970,00, and the amount of profit acquired by the defendant who is not the principal mother in the crime of this case in which many people participate, the amount of profit that the defendant acquired can not considerably reach the above amount of damage, and considering various circumstances, such as the defendant's age, character, character, intelligence and environment, relationship with the victim, motive, means and consequence of the crime, etc., the punishment of the court below is unreasonable.

Therefore, since the appeal by the defendant is well-grounded, the judgment of the court below shall be reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following judgment is

Criminal facts

The summary of the evidence shall be the defendant.

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