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(영문) 대전지방법원 2017.08.31 2017노1564
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Seized evidence 8 shall be confiscated.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (limited to four years of imprisonment and confiscation) is too unreasonable.

2. The determination of Bosing is difficult to prevent damage due to the systematic, intelligent, and booming of the method of crime, and it is generally difficult to prevent damage to ordinary people, and the social harm resulting therefrom is very serious. As such, it is necessary to punish the participants.

Not only did the Defendant play a role in withdrawing singishing organizations, but also interview and educate other withdrawn books, and purchase singularphones and use them for soliciting withdrawals to participate in all the crime.

The amount of fraud of this case is about 47 million won, and the profits earned by the defendant seems to have not been much (the amount recognized by the defendant is about 9 million won). However, the defendant recognized all of the crimes of this case and reflected.

The defendant is an initial criminal who has no record of crime.

The Defendant agreed with the victim G, Z, and S in the lower court, and agreed with the victim AA in the first instance.

The defendant is the young young children of the first half of the world, and the family and friendships of the defendant wanted to be able to return to society as soon as possible by the defendant while leading the defendant to society.

In addition, in full view of all the sentencing conditions in this case, such as the defendant's age, sex, environment, background and result of the crime, circumstances after the crime, etc., the sentence imposed by the court below is too unreasonable.

3. As such, the defendant's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the defendant's appeal is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

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