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(영문) 수원지방법원 2014.03.13 2013노5678
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The Prosecutor and the Defendants asserted that the sentencing of the lower court (one year and six months of imprisonment, and confiscation, Defendant F, and B: one year of imprisonment, two years of suspended execution, and 200 hours of community service) is too minor or unreasonable.

2. The defendants' crime of this case is the so-called "wishing," which is planned and organized as the object of the crime of multiple unspecified persons, and the nature of the crime is extremely poor, the majority of victims and the total amount of fraud exceeds 100 million won, and the defendant F and B played a leading role in telephone counseling for the victims to commit the crime of this case. The role of the defendants is essential to achieve the purpose of the crime of fraud through Bosing, so the degree of participation in the crime cannot be deemed to be somewhat weak. On the other hand, the defendants are found to have committed the crime of this case. On the other hand, the defendant F and B did not have the same criminal record, and the defendant F and B agreed with the victims (However, damage and agreement amount of victims E and the agreement amount additionally agreed in the trial is merely KRW 550 million), and all of the defendants' age, character and behavior, family environment, and circumstances are considered to be considered to be an unfavorable sentencing factor, and the defendant's arguments are not acceptable.

3. Accordingly, the appeal by the Defendants and the Prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants and the Prosecutor are without merit. It is so decided as per

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