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(영문) 수원지방법원 2017.11.20 2017노4692

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The appellate court’s sentence (two years of imprisonment, three years of suspended execution, and three hundred hours of community service) is too unhued and unreasonable.

2. The instant crime was committed by the Defendant in collusion with many members of the telephone finance fraud group in order to take charge of inducing the victims to transfer money by telephone, etc., and the crime is not committed in light of the content and result of the instant crime, the amount of damage, the social harm of the telephone finance fraud, etc.

In addition, even though the damage caused by the instant crime is considerably significant, the damage has not yet been recovered.

On the other hand, however, the defendant shows the attitude of recognizing and opposing his mistake, and the defendant has no record of criminal punishment.

In addition, while the defendant initially found a part-time job via the Internet, he/she left the job offer advertisement that he/she would be able to pay money if he/she works in China, and there are some circumstances to consider the fact that he/she caused the crime of this case.

Considering the above sentence imposed on the defendant, the age, criminal conduct, environment, and all other sentencing conditions as shown in the argument of this case, which are disadvantageous or favorable to the defendant, and other accomplices, the sentence of the court below does not seem to be unfair because it is too uneasible.

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 on the grounds that the prosecutor's appeal is without merit. It is so decided as per Disposition.