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(영문) 전주지방법원 2017.01.06 2016노999
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (three years of imprisonment) is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the Defendant had no record of criminal punishment before; (b) the recognition of the crime of this case and reflects the mistake; and (c) the victims do not want the punishment of the Defendant by mutual consent with some victims.

On the other hand, the crime of this case is committed by the defendant's invitation with B or by itself by lending the name of the opening of the mobile phone to many victims, and it is intended to terminate the crime of this case after opening the mobile phone through the opening of the mobile phone, and processing all the expenses, such as

It is not good to the nature of the crime due to the case of deceiving 50 million won in total by deception, etc. The fact that there are many victims due to the crime of this case, the total amount of damage caused by the crime of fraud and occupational embezzlement exceeds KRW 600 million, and the fact that no agreement has been reached with the majority of victims up to the trial of the party is unfavorable to the defendant.

In full view of the above circumstances and other factors of sentencing, including the background of the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the lower court’s punishment is too unreasonable as it is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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