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(영문) 수원지방법원 2015.09.17 2015노3623

사기등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants of the lower court’s punishment (one and half years of imprisonment and confiscation) is too unreasonable.

2. It is true that the Defendants’ assertion in the grounds of appeal together were examined as well as the Defendants’ assertion that the Defendants were against their own mistake, the period of participation in the instant crime is relatively short, the Defendants’ initial crime that has no record of criminal punishment in Korea, and Defendant C’s primary crime that has not been subject to criminal punishment, and the Defendant C had favorable circumstances such as the restoration of damage to the victim BB and the victim’s failure to be punished against the above Defendant. However, in the instant case, the Defendants committed the instant crime in collusion with other Chinese accomplices in collusion with the so-called “Sphishing” fraud and the Electronic Financial Transaction Act, which led to the instant crime. As such, the Defendants actively participated in the role of withdrawing cash in the instant crime, and the amount of money withdrawn by the Defendants, and considering all the circumstances revealed after the instant crime, the Defendants’ age, character, environment, family relationship, motive and circumstance after the instant crime, the Defendants’ punishment against the above Defendants is not acceptable. In full view of these circumstances, the aforementioned Defendants’ assertion is without merit.

3. In conclusion, since all appeals by the Defendants are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.