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(영문) 대구지방법원 2013.05.30 2013노1059

사기

Text

The defendant's appeal is dismissed.

Reasons

1. In light of the fact that the defendant is against the summary of the grounds for appeal and that the degree of the commission of the crime is minor, the punishment sentenced by the court below against the defendant is too unreasonable.

2. The circumstances are favorable to the defendant, such as the following: (a) the degree of the criminal charge of the defendant did not focus on other accomplices; (b) the defendant did not receive the criminal proceeds directly from the crime and received monthly salary from D, etc., an accomplice, etc.; (c) the profits earned by the defendant from the crime of this case appears to be relatively small; (d) the defendant divided the defendant's wrong facts and does not repeat the crime; and (e) there was no criminal record of the previous crime

However, the crime of this case is a situation unfavorable to the defendant, such as the fact that the method of receiving the opening allowances, etc. from the victims who are a communications company by opening a false mobile phone is not very good, that the crime of this case is committed systematically and systematically through division of roles among accomplices, and that the nature of the crime is extremely poor, that fraud of a large amount of KRW 118,922,00 within a short period of about 4 months, and that the damage is entirely not recovered.

In full view of the circumstances revealed in the records and arguments such as the above circumstances, equity in punishment among accomplices, character and conduct of the defendant, environment, etc., the punishment imposed by the court below cannot be deemed unfair because it is too unreasonable. Thus, the above argument by the defendant is without merit.

3. If so, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.