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(영문) 수원지방법원 2019.07.11 2019노1216

사기등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment with prison labor for six months and one year of suspended execution) of the lower court is deemed to be too untile and unfair.

2. The instant crime is determined based on the following: (a) the Defendant’s cash withdrawal and delivery books of the scam criminal organization; (b) keep five copies of the scam card in the name of another; and (c) the sum of the fraud amounting to KRW 15 million is stated in the instant charges; (d) it is obvious that, based on the facts charged itself, the Defendant is a clerical error in the amount of KRW 14.8 million (=6 million KRW 2.8 million).

Among them, a withdrawal and delivery of KRW 14.78 million is deemed to have been made, and the nature of the crime is very poor in light of the method and content of the crime, and the crime of Bosing is hard to crack down because the crime is closely and systematically organized, and its scope of damage is very differentiated and narrow, and its structural characteristics are very high that are not easy to recover damage, and thus, it is deemed that there is a need to strictly punish the crime. However, this seems to have been already considered in the sentencing of the court below.

In addition, in full view of the circumstances such as the fact that the Defendant generally recognized the instant crime and reflects his mistake in depth, that the Defendant immediately surrenders to the investigative agency after the Defendant’s retirement at one day, that the Defendant did not have any profit gained by the Defendant, and that there was no record of criminal punishment, etc., the equity in sentencing with similar and similar cases, as well as the Defendant’s age, character and conduct, environment, motive and circumstance of the instant crime, means and consequence, etc., it is not recognized that the lower court’s punishment is too unjustifiable and unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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

Article 25 (1) of the Regulations on Criminal Procedure.