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(영문) 수원지방법원 2015.12.17 2015노5748

사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. It is true that the defendant has a favorable circumstance, such as the fact that his mistake is against the depth, the period of participation in the crime of this case is relatively long, and the amount of profit actually acquired by the defendant seems not to be substantial, the first offender who has no record of criminal punishment in Korea, and the victim C and G deposit a total of five million won with the victim C and G for the recovery of damage caused by the victims. However, the crime of this case, the so-called "Stishing" case led to the crime of this case in collusion with other domestic accomplices in China, which led to the crime of this case. The social harm and injury is very large and highly high, even if examining the total amount of money borrowed from the victims by the defendant in charge of the act of execution, it is not recognized that the defendant took an active part in the crime of this case, and there is no reason to acknowledge the defendant's active participation in the crime of this case, including the defendant's age from the victims, the sum of money that other accomplices suffered from the same victim at once, and the defendant's active participation in the crime of this case's nature and behavior.

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