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(영문) 수원지방법원 2017.11.23 2017노6986
사기미수
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 of imprisonment, confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The conclusion that the Defendant recognized the instant crime and reflected the instant crime; the instant crime was committed against the attempted crime and did not actually cause any actual damage; the victim submitted a written agreement stating that “the Defendant does not want to be punished because no damage has occurred,” and that there was no record of domestic criminal punishment, etc. are favorable to the Defendant.

On the other hand, the so-called “Sishing” crime, such as the instant crime, consists of organized, planned, and intelligently causing significant social harm, and even a subordinate member who participated only in a part of the crime because it is difficult to arrest the entire organization, requires strict punishment. As such, the Defendant expressed the victim’s document as if he was prepared by the Financial Supervisory Service, leading the victim to receive compensation by misrepresenting the employee of the Financial Supervisory Service, and thus, the degree of his participation is somewhat weak.

There is no room to view that there is no room to view, and is disadvantageous to the defendant.

As above, the lower court appears to have determined a sentence against the Defendant by fully taking into account all the sentencing conditions shown in the records and arguments of the instant case, such as the favorable or unfavorable circumstances against the Defendant, such as the Defendant’s age, sex, environment, family relationship, motive for the crime, and the circumstances after the crime. Since the amount of the judgment exceeded the scope of reasonable discretion, is too heavy, or is not deemed unfair because it is too heavy, the argument between the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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