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(영문) 의정부지방법원 2016.03.31 2016노58
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

The main reasons for appeal are that each sentence (one year and six months of imprisonment of each of the Defendants and confiscation) imposed by the court below on the Defendants is too uneased and unfair.

The above punishment that the court below committed against the Defendants is too unreasonable.

Judgment

The Defendants are taking part in the organized crime of telecommunications finance fraud and play an essential role, and the nature of the crime is heavy in light of the methods and frequency of each of the crimes in this case, such as creating and selling separate corporate accounts.

Defendants have been sentenced to a suspended sentence of imprisonment for the same kind of crime in the past.

On the other hand, the actual amount of damage caused by the instant telecommunications financing fraud was caused by the victim H's 19.8 million won. In the lower court, the Defendants agreed to pay 8 million won to the above victim and paid 3 million won to the above victim in the first instance trial.

In full view of the above circumstances and the Defendants’ age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., and the scope of the recommended sentence according to the sentencing guidelines set by the Supreme Court’s sentencing committee, etc., the sentence of the lower court cannot be deemed to be too weak or unreasonable.

Therefore, the defendants and the prosecutor's arguments are without merit.

In conclusion, the defendants and the prosecutor's appeal are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that each appeal by the defendants and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. However, since "U" and "AB" in Article 7 of the judgment of the court below is clear that it is a clerical error, the above "U" is ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure, and the above "AB" are revised as " Q" and the above "AB" as "AE."

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