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(영문) 수원지방법원 2016.12.22 2016노7121
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. We also examine the judgment and prosecutor’s arguments.

The Defendant appears to have recognized the instant crime and against the mistake, and the Defendant is merely a cash delivery policy in the instant crime, and it appears that the Defendant did not lead the instant crime, etc. is favorable to the Defendant.

However, the so-called telephone financial fraud crime, such as the crime of this case, is highly harmful to society, crime is committed systematically, planned, and intelligently, and even a subordinate member who participated only in part of the crime because it is difficult to arrest the entire organization, it is necessary to severely punish the crime. The crime of this case is committed by kidnapping or deceiving older victims E, and by deceiving money of KRW 20 million, which is considerably bad in terms of the means and method of the crime, and the damage of the victim is still not recovered properly.

In full view of the sentencing conditions, such as the Defendant’s age, character and conduct, environment, and family relationship, it is difficult to deem that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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