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(영문) 수원지방법원 2015.09.17 2015노3601
사기등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence against the Defendants (Defendant A: imprisonment of one year, confiscation, Defendant B: imprisonment of eight months, confiscation) of the lower court is too unreasonable.

B. The above sentence against the Defendants by the prosecutor of the lower court is too unhued and unreasonable.

2. The Defendants and prosecutor’s grounds for appeal of this case also reflects the Defendants’ fault in depth, the period of participation in the crime of this case is relatively short, and the Defendant’s primary offender who has no record of criminal punishment in Korea, as well as in this case, the Defendants conspired with other Chinese accomplices in collusion to commit the crime of this case, which is highly likely to cause social harm and injury, and the Defendants actively participated in the role of withdrawing cash in the crime of this case, and the amount that the Defendants withdrawn is a large amount of money. In full view of all the sentencing conditions as indicated in the arguments of this case, the Defendants’ age, character, environment, family relationship, motive and circumstance of the crime, and circumstances after the crime of this case, etc., the aforementioned assertion by the Defendants and the prosecutor is not reasonable. Thus, all of the above arguments by the Defendants are without merit.

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

(However, since it is apparent that the "J" in Part 6 of the decision of the court below is a clerical error of "A", it shall be corrected in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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