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(영문) 수원지방법원 2016.11.24 2016노6231

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that the defendant still has no record of criminal punishment in the Republic of Korea, the recognition of the crime of this case and the mistake seems to be against the defendant, and the profit actually acquired by the defendant seems to be relatively significant due to the crime of this case, and the fact that the defendant does not want the punishment of the defendant under an agreement with the victim D in the original trial, etc. is favorable to the defendant.

However, in light of the fact that the so-called "wishing" crime, such as the crime of this case, is highly harmful to society, the crime is committed systematically, planned, and intelligently, and that it is necessary to severely punish even its subordinate members participating in only part of the crime because it is difficult to arrest the entire organization, and that the act of cash withdrawal shared by the defendant in the crime of this case is an essential role in the establishment of the "wishing" crime of this case, the defendant's liability for the crime of this case is not less complicated, and all the conditions of sentencing as shown in the argument of this case, including the defendant's age, character and behavior, environment, family relationship, and motive and circumstance of the crime of this case, the punishment of the court below 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 ground that it is without merit. It is so decided as per Disposition.