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(영문) 서울중앙지방법원 2017.01.12 2016노4044
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (one and half years of imprisonment, confiscation) is too unreasonable.

2. The crime of this case is a so-called “scaming,” which is organized, planned, and intelligent, and whose nature of the crime is not good, and the defendant played an essential role in the crime of this case by directly receiving money from the injured party with the possession of the forged document by receiving money from the Financial Supervisory Service. In full view of all the sentencing conditions of the defendant’s age, sexual conduct, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., the crime of this case is against the defendant’s mistake, even if considering the favorable circumstances favorable to the defendant, such as the fact that the crime of this case is committed in the course of the attempted crime, and that one million won is deposited for the injured party, the sentencing of the court below is too excessive beyond the reasonable scope of discretion, and thus, cannot be deemed unfair.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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