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(영문) 대전지방법원 2017.09.06 2017노1938
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an imprisonment of 2 years and 6 months, the applicant C, D, and E respectively) is too unreasonable.

2. The circumstances favorable to the defendant are that the defendant recognized all of the crimes of this case and reflects the mistake, and that the amount of profit actually acquired by the defendant does not reach the total amount of fraud, etc.

However, the crime of this case is a so-called "Sishing" crime and requires strict punishment because it is not easy to recover damage therefrom. In light of the details of each crime of this case, the nature of the crime is very poor in light of the content of each crime of this case, the law and the degree of participation in the crime, the damage to the crime of fraud committed by the defendant is not recovered, and the defendant has a record of being punished by a fine due to the same kind and a different kind of crime, etc., which are disadvantageous to the

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means, and consequence of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.

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