(영문) 수원지방법원 2016.12.08 2016노6841 | 리걸엔진

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 수원지방법원 2016.12.08 2016노6841

사기

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year of imprisonment, confiscation) 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.

All of the crimes of this case are recognized by the defendant, and the defendant was limited to the role of cash withdrawal and remittance, and was not led by the whole of the crimes of this case. The amount of damage caused by the crime of this case is less than 410 million won, and the amount of crime proceeds distributed by the defendant in participating in the crime of this case seems not to have much amount of criminal proceeds, the victim C expressed its intention not to want the punishment of the defendant at the court below, and the fact that the defendant has no record of criminal punishment in Korea is favorable to the defendant.

On the other hand, the so-called “wishing” crime, such as the instant crime, is highly harmful to society, and is committed systematically, planned, and intelligently, and even a subordinate member who participated only in the instant crime because it is difficult to arrest the entire organization members, which requires strict punishment. The Defendant continues to commit the instant crime in accordance with only unlawful profits even though he/she clearly becomes aware that he/she was taking part in the instant crime. The Defendant had several means of access under the name of another at the time of arrest, and even according to the Defendant’s statement, the Defendant appears to have taken part in the additional “wishing” crime other than the instant crime, which is disadvantageous to the Defendant.

Considering such overall circumstances and the Defendant’s age, character and conduct, environment, family relationship, etc., the lower court’s sentencing cannot be deemed to be too weak or unreasonable.

3. In conclusion, each appeal by the defendant and the prosecutor is without merit.

유사 판례

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