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(영문) 수원지방법원 2016.05.12 2016노1547

사기미수

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment, confiscation) is too unlimited and unfair.

2. The judgment of the Defendant appears to have not led the instant crime by taking charge of cash delivery liability for the instant crime of the instant “Singishing” fraud, and the fact that the instant crime was committed against the attempted crime, and that the Defendant had no record of criminal punishment in the Republic of Korea is favorable to the Defendant.

However, the so-called “Sishing” crime, such as the instant crime, is highly harmful to society, and is committed systematically, planned, and intelligently, and is in need of strict punishment even for the subordinate members who participated in only part of the crime because it is difficult to arrest the entire organization, and the mental impulse suffered by elderly victims E due to the instant crime is not significant.

In full view of all the sentencing conditions shown in the arguments in the instant case, including the Defendant’s age, sex, environment, family relationship, motive and background of the crime, and circumstances after the crime, it is difficult to view that the sentence imposed by the lower court is too unreasonable.

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