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(영문) 수원지방법원 2020.11.12 2020노4691

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unfased and unreasonable.

2. It is recognized that the crime of this case was committed by the Defendant, even during the period of the suspension of the execution of imprisonment with prison labor, by taking part in the collection of damages to the scam criminal organization, by deceiving KRW 1,3270,000 from the victim F, by intrusion upon the victim L and the cafeterias and offices managed by the victim L and the victimO, by taking advantage of money and valuables, etc., by deceiving money from many victims, such as the victim S, etc., as if sold goods on the Internet, in light of the law and content of the crime, which is very poor in the nature of the crime, and has a very heavy criminal liability, including the same criminal record, and there is no history of criminal punishment for the Defendant, that all damages have not been recovered, and that

However, in full view of the following facts: (a) the Defendant recognized the instant crime and divided his mistake in depth; (b) the amount of damage caused by the Bosing Fraud was partially returned to the victim; (c) the Defendant must support his wife and his child; and (d) the Defendant’s age, career, character and behavior, environment, motive and circumstance of the instant crime, means and consequence of the crime; and (c) the sentencing of similar cases, which are the same as the various sentencing conditions shown in the instant records and pleadings, such as the circumstances after the crime, etc., it cannot be deemed that the Defendant’s punishment against the Defendant is too unjustifiable.

Therefore, the prosecutor's above assertion is without merit.

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