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(영문) 수원지방법원 2014.12.15 2014노4148

사기방조등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, one year of probation, one year of social service, 200 hours of imprisonment) of the lower court is deemed to be too uneasy and unfair;

2. Although the crime of this case constitutes an unfavorable reason for sentencing, the crime of this case is committed against the defendant, such as aiding and abetting multiple victims to commit 20,985,00 won by transferring passbooks and physical cards, etc. on three occasions with knowledge that the defendant would be used for the crime of Bophishing, and withdrawing 11,420,000 won and embezzlement of money transferred to his account thereafter, and the defendant has not agreed with the victim or has not recovered from damage. However, the crime of this case is committed against all of the crime of this case, but the court below ruled that the defendant is a young person of 20 years of age, and that the family members of the defendant are leading the defendant to the defendant by relatively clear social relationship, and that social treatment is desirable in the investigation conducted at the court below, as well as the fact that social treatment is desirable in relation to the defendant's age-oriented environment, etc., the prosecutor's assertion of the court below is not acceptable.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.