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(영문) 수원지방법원 2018.05.24 2018노1646

사기등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the defendant's profits from the crime of this case are low and that the defendant reflects his wrong, the sentence of the court below (one year and six months) is too unreasonable.

B. In light of the social harm of the prosecutor’s Bosing crime and the degree of Defendant’s participation, the lower court’s punishment is too uneased and unreasonable.

2. The crime of this case was committed in the form of the Defendant’s taking part in the phishing fraud crime and collecting cash. The organized phishing fraud crime takes part in the Defendant’s taking part in the phishing fraud crime. The organized phishing fraud crime takes part in the money that a good citizen is hard to gather, thereby damaging his basis of living, expanding his confidence in public authority or financial transactions, and thus becomes a social problem. The Defendant appears to have committed the crime of this case for the purpose of easily punishing money, and the victim’s damage is disadvantageous to the Defendant.

On the other hand, it is favorable to the defendant that the defendant has no record of punishment in the Republic of Korea, that some crimes are attempted, and that the defendant seems to reflect his mistake.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive for the instant crime, and circumstances after the instant crime, etc., the sentence imposed by the lower court is deemed appropriate, and is too heavy, or is too unreasonable as it is too unfluent.

3. The appeal of this case by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.