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(영문) 수원지방법원 2017.06.01 2017노2076
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendants' punishment (defendant A: imprisonment of 2 years and 6 months; imprisonment of 3 years) is too unreasonable.

B. Each of the above forms of the lower court’s judgment is deemed to be too unhued and unreasonable.

2. All of the Defendants’ confessions and reflects their criminal conduct; Defendant A did not have any record of criminal punishment in the Republic of Korea; Defendant B did not have any particular criminal record other than the one-time punishment for this kind of crime; Defendant A did not want the above victim’s punishment by mutual consent with the victim H.

On the other hand, the so-called “Sishing” crime, such as the instant crime, was committed in a planned, systematic, and intelligent manner, and is likely to be subject to criticism in light of the background, method, scale of damage, harm to trade order, etc., and thus, it is inevitable to punish a considerable amount of punishment corresponding thereto. Since the amount of fraud caused by the instant crime is not so big, the nature of the crime is extremely poor in that it takes many and unspecified persons as the object of the instant crime, and Defendant A did not agree with the rest victims except the victim H., and Defendant B did not reach an agreement with all victims, and Defendant B actively participated in the instant fraud crime, such as forging documents to use for the instant crime and exercising the right to use them, etc., are disadvantageous to the Defendants.

As above, the lower court appears to have determined the punishment in consideration of various favorable and unfavorable circumstances to the Defendants, and there is no special change in the depth of the case.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the age, sex, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, the sentencing of the court below is too heavy or it is difficult to view it as unfair. Thus, the above conditions of the defendants and the prosecutor are as follows.

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