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(영문) 수원지방법원 2015.12.23 2015노5984

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (six months of imprisonment) is too unreasonable.

2. Considering the fact that the defendant led to the confession and reflect of each of the crimes of this case, the actual gain acquired by each of the crimes of this case seems to exist, the victims seems to be returned, there is no record of criminal punishment since 1997, the mother supporting health, and the mother seems to have committed each of the crimes of this case for the purpose of raising nursing expenses, etc., the total amount of damage is not at least 41 million won. The telephone financial fraud crime of this case, such as this case, is organized and planned for unspecified victims, and requires strict punishment of harm to society by massing a large number of victims. In light of the characteristics of these crimes, the above fraud act of the defendant takes place in a systematic link with other accomplices by separating their roles, and thus, it is hard to see that the defendant's cash withdrawal act is essential for the crime of this case, and thus, the defendant did not withdraw from the indictment of this case, even if it does not reach an agreement on the whole crime, and thus, it does not lead to recovery of the defendant's personality and conduct.