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(영문) 광주지방법원 2016.01.19 2015노2259
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

Summary of Reasons for appeal

A. The reasoning of the appeal by the Defendant is that the sentence of the lower court (three years of imprisonment, five years of suspended sentence, two years of observation of protection, two years of community service work, 120 hours) is too unreasonable.

B. The reasoning of the lower court’s appeal by the prosecutor is too uneasible and unreasonable.

Judgment

In light of the favorable circumstances, such as the fact that the Defendant was in charge of deceiving the victims by phone at the call center of the Telecommunications Finance Fraud Group in China, the disadvantage that the victims did not recover from damage, the Defendant reflects his mistake and repents against the victims, there is no record of criminal punishment, the Defendant’s entry into China by deceiving the past male and female job offersK and participated in the instant crime, the Defendant was sentenced to suspended execution, and other favorable circumstances, such as the Defendant’s age, sexual behavior, environment, motive and circumstance of the crime, and the scope of the recommended sentencing guidelines (one year to five years), etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument of sentencing is without merit.

In conclusion, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal by the defendant and the prosecutor are without merit.

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