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(영문) 광주지방법원 2018.08.22 2018노1923

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year of imprisonment, one-year evidence No. 2) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant recognized each of the instant crimes in the first instance court; (b) agreed with three victims of each of the instant crimes in the lower court; and (c) the primary offender who has no record of punishment.

However, each of the crimes of this case is a so-called phishing crime which is planned and organized against many and unspecified persons and which is booms a large number of victims, and the nature of the crime is inferior, and the defendant was unable to recover the damage of the victims other than the victims mentioned above, and the total amount of damage from each of the crimes of this case exceeds KRW 100 million, etc., which are disadvantageous to the defendant.

In addition, considering the fact that there is no particular change in the sentencing conditions compared to the original judgment and the various sentencing conditions shown in the records and arguments of this case, the lower court’s sentence cannot be deemed unfair. Thus, the above assertion by the Defendant 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.