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(영문) 수원지방법원 2016.08.18 2016노3123

사기미수등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment, confiscation) on the summary of the reasons for appeal is too unreasonable.

2. The fact that the Defendant had no record of punishment in the Republic of Korea until now, and the fact that the instant fraud crime was committed in an attempted crime is favorable to the Defendant.

However, the so-called “scaming” crime, such as the instant fraud crime, is highly harmful to society, is committed in a systematic, planned, and intelligent manner, and is in need of strict punishment even if a subordinate member participating in only part of the crime because it is difficult to arrest the entire organization, and the defendant prepared to commit the crime, such as wearing a hair and scambling at the time of the instant fraud crime, and presented an identification card, etc. to the victim D, and misrepresent himself/herself as a prosecutor. In terms of the means and method, the instant fraud crime is not very good, and the following circumstances are not good after the crime was committed, such as forging another person’s signature after the arrest of the current criminal due to the above crime, and all the sentencing conditions revealed in the argument of the instant case, such as the defendant’s age, sexual behavior, environment, and family relationship, it is difficult to see that the sentence imposed by the court below is too unreasonable.

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