logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2015.11.20 2015노1388
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (two years of imprisonment) to the point of the reasons for appeal is too unreasonable.

2. The fact that the defendant recognized the instant crime and reflected in the judgment is an element of sentencing favorable to the defendant.

However, the crime of Bophishing fraud of this case is not only organized and planned, but also committed mainly against the ordinary people, to the extent nationwide, and thereby, it is necessary to strictly punish many victims and members of the society because it has a serious adverse effect on the trust relationship in the overall society. As a result, it is necessary to strictly punish the defendant because it has a significant degree of participation in the crime, such as misrepresentation of a financial institution and telephone counseling service by directly deceiving victims. The defendant seems to have received considerable illegal profits, and there is no change of circumstances that may be particularly considered in the sentencing factors and the trial that are disadvantageous to the defendant, such as the defendant's age, character and behavior, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the sentence of the court below against the defendant is proper.

3. In conclusion, the defendant'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.

arrow