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(영문) 청주지방법원 2017.07.13 2017노167

사기

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (two years of imprisonment) is too unreasonable.

2. Circumstances favorable to the defendant are as follows.

The defendant confessions the crime of this case and repents.

A defendant has no record of being sentenced to punishment exceeding the same kind of crime or fine.

Circumstances unfavorable to the defendant are as follows:

The Defendant took part in the organized and planned fraud crime through the so-called fake sports discussions.

The period and frequency of the defendant's participation in the crime reaches 2,587 times from September 2015 to August 2016, the victim reaches 2,587, the majority of the victims, and the amount of damage reaches 600 million won.

It is difficult to view the Defendant as a simple participant by taking charge of the role of the head office and the recruitment of the general sales board in the above crime.

During the above period, the Defendant committed a crime by way of departing from Korea after entering Korea.

The defendant was unable to pay damages caused by the crime.

In addition, considering the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and the previous theories, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Defendant’s assertion is without merit.

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.