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(영문) 대전지방법원 2017.09.13 2017노2004

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) of the lower court is too heavy or unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized the instant crime; (b) the period during which the Defendant participated in the instant crime was relatively long, and the profits that he acquired could not be much high; (c) the Defendant agreed with the victim AE or AP; (d) partially deposited the amount of damage for the victim AF; and (e) the Defendant was an initial offender who had no record of criminal punishment.

However, the Defendant directly joined China as a member of the Bosing Fraud, and played a single role as a "wishing measure" for which the nature of the crime was extremely poor in light of the content of the crime and the degree of participation in the crime, and the total amount of damage in this case reaches KRW 231490,00,000, and most victims’ damages were not recovered, etc. are disadvantageous circumstances.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that make the sentence different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the above assertion by the defendant and the prosecutor is without merit.

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