beta
(영문) 수원지방법원 2016.12.22 2016노7226

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment, confiscation) is too unreasonable.

2. The circumstances favorable to the defendant are that it appears that the defendant recognized the crime of this case and reflected the mistake, and that the amount of the crime of this case is not relatively large, and most of the above money will be returned to the victims, such as C, etc.

However, the crime of telephone financial fraud, such as the crime of this case, is highly harmful to society, crime is committed systematically, planned, and intelligent, and even a subordinate member who participated only in the crime because it is difficult to arrest the entire organization, the crime of this case committed by the defendant as a cash withdrawal liability, was an indispensable act to complete the crime of this case, and the defendant repeatedly committed the crime of this case several times, and all of the sentencing conditions indicated in the arguments of this case, including the defendant's age, character and behavior, environment, family relationship, and motive and circumstance of the crime, it is difficult to view that the sentence of the court below is too inappropriate.

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.