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(영문) 청주지방법원 2017.06.29 2017노401

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

The defendant has no history of criminal punishment.

The defendant voluntarily surrendered to investigative agencies and cooperate in the investigation.

Circumstances unfavorable to the defendant are as follows:

The defendant took part in a systematic and planned telephone financing fraud crime.

It is difficult to view the Defendant as a simple participant by making phone calls to many unspecified victims in the above crime and doing deception.

The Defendant participated in the crime of fraud over 148 times for about four months, and the total amount of damage was about 176,634,500 won and about 10 personal telephones.

During the above period, the Defendant left Korea after entering Korea and re-entered the following crimes.

The Defendant was unable to recover from damage caused by the instant crime.

In addition, taking into account 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 theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too heavy or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

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