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(영문) 청주지방법원 2017.05.18 2017노181

사기

Text

Defendant

All appeals filed by the Defendants A, B and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The respective sentences of the Defendant A and B (Defendant A: Imprisonment with prison labor for one year and two months, and Defendant B: one year) are too unreasonable.

B. Each sentence of the lower court (defendant A and B) against the prosecutor (the Defendants)

Defendant

C: A fine of 4 million won is too unreasonable.

2. Determination

A. Circumstances favorable to Defendant A are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

The defendant has no record of punishment except for the punishment of a fine due to the crime of occupational negligence and real negligence, which is a crime of immigration around 201.

The defendant seems to have started to participate in the crime after receiving an advertisement letter stating that he will pay a fee for conducting the business related to the collection of funds.

The defendant's profit from the above crime is not significant.

Circumstances unfavorable to the defendant are as follows:

The defendant took part in a systematic and planned telephone financing fraud crime.

It is difficult to view that the Defendant is a person who is simply involved in the transfer of the amount of damage by receiving the amount of damage from the withdrawn book and transferring it to another criminal account.

The defendant committed a crime four times, and the total amount of damage reaches KRW 46.4 million.

Damage caused by the defendant's crime was not recovered.

In addition, taking into account the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and theories, such as the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too heavy or unreasonable.

The defendant and the prosecutor's assertion are without merit.

B. Circumstances favorable to Defendant B are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

Defendant has no record of punishment.

The defendant seems to have been involved in the crime after receiving an advertisement letter stating that he/she will pay a fee for conducting business related to the collection of funds.

The defendant acquired by committing the above crimes.