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(영문) 수원지방법원 2017.11.23 2017노7416
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and eight months of imprisonment) is too unreasonable.

2. The fact that the judgment defendant recognized all of the crimes of this case and reflects it, and that there is no record of criminal punishment in the Republic of Korea is favorable to the defendant.

However, the so-called “Sishing” fraud, such as the instant crime, was committed in a systematic, planned, and intelligent manner, and has significant social harm, and as it is difficult to arrest the entire organization members, even a subordinate member participating only in the instant crime as the Defendant is inevitable to severely punish the Defendant, and the Defendant was in charge of the so-called “delivering” role of receiving and delivering the amount of damage from the injured party. However, the degree of participation, such as receiving the amount of damage by misrepresenting the documents created as if the victim was prepared by the Financial Supervisory Service and receiving the amount of damage by misrepresenting the employee of the Financial Supervisory

In full view of all the sentencing conditions, including the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, the lower court’s punishment is too too unreasonable, and thus, the Defendant’s assertion is without merit, on the ground that the Defendant’s punishment is too unreasonable.

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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