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(영문) 수원지방법원 2018.11.22 2018노6029
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (two years of imprisonment) against the Defendant is too unfased and unfair in light of the personal and social harm, etc. of the gist of the grounds for appeal against the Defendant.

2. The Defendant took part in the Defendant’s organized and planned phishing fraud and committed the instant crime. In light of the fact that the victims caused by the phishing fraud and the above crime has a great social harm, such as promoting social confidence, there is a need to strictly punish the Defendant, and the Defendant served as a liability to remit money by remitting more than 88 million won out of the transferred money from six victims to another account for six days, which is disadvantageous to the Defendant.

However, considering the fact that there is no history of criminal punishment against the defendant, the defendant appears to reflect his fault, and all the sentencing conditions shown in the arguments of this case, such as the age, sex, and environment of the defendant, the sentence of the court below is too uneasible and it is not recognized as unfair.

3. The appeal of this case by the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since the appeal of this case is without merit.

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