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(영문) 수원지방법원 2015.10.22 2015노4404
사기등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The fact that there is no record that the defendant was punished for the same kind of crime, and that it appears that he was involved in the crime of this case due to the economic situation at the time, and that the defendant made a considerable detailed statement about the criminal organization he participated in the investigation of this case and actively cooperates in the investigation, etc., which are favorable to the defendant.

However, there are many cases where the Defendant was punished by a fine due to other crimes, and the crime of this case takes charge of taking over the means of access, such as passbook and physical card, which is essential for the completion of the crime, or taking charge of cash withdrawal. The crime of this case is highly likely to contain the crime, and there is considerable degree of proof that the crime of this case is committed, and there is considerable need for criminal acceptance and crime quality, such as systematically and systematically taking out money from the victims who want to obtain a loan from a financial institution because it is not adequate economic situation, by systematically and systematically taking the victims who want to obtain a loan from a financial institution. The crime of this case is a so-called "whishing" which requires a more severe punishment because it constitutes a serious crime that causes considerable damage to many and unspecified victims and has great impact on society. It is difficult to see that the sentencing of the court below is too unfair, considering the fact that the victims have not been recovered properly even recently, and all kinds of conditions of personality, behavior, etc. such as the defendant's age, environment, and character and behavior.

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

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