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(영문) 수원지방법원 2017.11.09 2017노6720
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (six months of imprisonment) is too unhued and unreasonable.

2. The crime of this case is a so-called “scam,” which is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and the social harm of the crime is very high, and it is inevitable for subordinate participants such as collection and delivery measures, and the Defendant actively participated in the crime of this case by misrepresenting his employee of the Financial Supervisory Service, etc., and the amount of damage is considerably large at KRW 35.69 million, and the victims were unable to recover from damage is disadvantageous to the Defendant.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes; and (b) the equity in the event that the judgment was rendered simultaneously with the crime of fraud that became final and conclusive on June 21, 2017; (c) the Defendant’s age, sexual conduct, environment, family relationship, motive and circumstance of the crime; and (d) the sentencing conditions specified in the instant records and pleadings, such as the circumstances after the crime, were too unfluened, and thus, exceeded the scope of discretion.

Therefore, the prosecutor's 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 appeal is without merit. It is so decided as per Disposition.

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