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(영문) 창원지방법원 2017.07.12 2017노836
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Sentencing sentencing on the gist of reasons for appeal

2. The lower court, under favorable circumstances in which the Defendant led to the confession of the crime, determined the amount of fraud in KRW 20,000,000, and the amount of damage was not recovered for more than four years from the date of the crime until the date of the crime, considering the fact that the media provided by the Defendant as a crime of violation of the Electronic Financial Transactions Act was used for the phishing crime and was actually used for the phishing crime, and that the victim was actually suffered disadvantageously, and determined the sentence (six months) by taking into account various sentencing conditions as shown in the records and arguments of the instant case, including the Defendant’s age, sex, environment, motive and means of the crime, and the circumstances after the crime, and the lower limit of the recommended punishment according to the sentencing guidelines.

The grounds for the court below's improper sentencing alleged by the defendant appear to have been sufficiently considered in determining the punishment against the defendant, and the above conditions of sentencing changed otherwise.

There is no circumstance to see the above sentencing conditions, and considering the above sentencing conditions, the sentence of the court below is determined to be reasonable within the reasonable scope of discretion.

Defendant

The argument is without merit.

3. As such, the Defendant’s appeal is dismissed under Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition by the lower court (Article 25(1) of the Rules on Criminal Procedure, since it is apparent that “the name of the case in the lower judgment is a clerical error in the 2016 order 465, 2017 order 286, order 2017 order 2017 order 286, order 2017 order 1).

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