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(영문) 전주지방법원 2016.08.25 2016노754
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. A favorable circumstance is that the Defendant recognized the entire crime and reflects the mistake, completely restoring the victims’ damage, and agreed that the victims have smoothly, and there is no record of criminal punishment either punished for the same kind of crime or criminal punishment exceeding the fine, etc.

On the other hand, although the crime of this case was committed by the Defendant, even though the approaching media was aware that it would be used for the crime of telephone financing fraud, it is extremely serious that the crime was kept in custody of 17 e-mail cards and passbookss. The crime of this case was committed by using the access media in the crime of telephone financing fraud, and there was a total of KRW 5,500,000,000,000,000,000,000,000 won was used for the crime of telephone financing fraud, and the role of the Defendant in keeping and delivering the access media is essential for the crime of telephone financing

In addition, comprehensively taking account of the Defendant’s age, sex, environment, the process, motive, means, and consequence leading to the instant crime, and other factors of sentencing as indicated in the instant records and theories of change, the sentence imposed by the lower court is too heavy or unreasonable.

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

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