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(영문) 수원지방법원 2017.09.14 2017노5076
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (one year of imprisonment, and confiscation) is too unhued and unreasonable.

2. The crime of this case is a so-called “scam,” which is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and the social harm of the crime is very high, and it is inevitable for subordinate participants such as collection and delivery measures, and the defendant actively participated in the crime of this case by misrepresenting his employee of the Financial Supervisory Service, etc.; the amount of damage exceeds 33.5 million won; and the victim did not recover from damage to the victims, etc. are disadvantageous to the defendant.

However, in full view of the following facts: (a) the Defendant recognized all of the instant crimes; (b) the record of criminal punishment in Korea is not confirmed; and (c) the Defendant’s age, sex, environment, family relationship, motive and circumstance of the instant crime; and (d) the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the commission of the crime, the lower court’s punishment was too unfasible and thus exceeded the scope

Therefore, the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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