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(영문) 수원지방법원 2018.08.17 2018노3082
사기
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. The summary of the grounds for appeal 1) The Prosecutor’s sentence (Defendant A: fine of KRW 3 million, Defendant B: fine of KRW 2 million) of the lower court is deemed to be too uneasible and unreasonable.

2) Defendant B’s punishment is too unreasonable.

2. The following determination is an unfavorable circumstance to the Defendants.

The instant crime was committed repeatedly for a short period of time as Internet sales fraud against many unspecified persons.

Defendants did not agree with the victims and recovered from damage.

There is no evidence to see.

The following points are favorable to the Defendants.

Defendant

A seems to be relatively minor to take charge of the role in the bank, such as raising notices on the Internet site or finding the money acquired through deception without contact with victims.

Defendant

B The amount obtained by deceit is 11.25,00 won, which is relatively small compared to other accomplices.

Defendant A was sentenced to imprisonment for 8 months, 3 years in suspended execution, and 2 years in each of the above cases where the judgment became final and conclusive, and Defendant B was sentenced to imprisonment for 2 years.

In full view of the factors and sentences of the sentencing in this Court, the sentencing of the court below exceeded the reasonable bounds of its discretion, when determining the sentencing.

There is no circumstance that it is deemed unfair to maintain the judgment of the court below as it is or that the judgment of the court below is unfair.

In addition, even if the circumstances and results of the instant crime were to be considered after the commission of the crime, the Defendants’ age, sex, environment, etc., the sentence of the lower court is not deemed to be appropriate, too weak, or unreasonable.

3. The final prosecutor and Defendant B’s appeal are without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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