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(영문) 수원지방법원 2017.08.17 2017노4117
사기
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. We also examine the arguments of the Defendant and the Prosecutor.

The fact that the defendant recognizes all of the crimes of this case and seriously reflects the fact that the defendant is the first offender who has no record of criminal punishment, and that the court below agreed with three of the victims, and that one of the victims and the additional agreement was reached in the trial of the party, etc. are favorable to the defendant.

Meanwhile, the crime of this case is a so-called " Bosishing," which is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and it is inevitable to severely punish subordinate participants, such as collection and delivery measures, due to a very high social harm caused by the crime, and the defendant was actively involved in the crime of this case by misrepresenting his employees of the Financial Supervisory Service, etc., the amount of damage reaches approximately 84 million won, and the amount of damage is still large, and there is still no agreement with one of the victims, and the damage is not completely recovered, etc., that are disadvantageous to the defendant.

As above, in full view of the factors of sentencing as seen in the records and arguments of this case, such as the Defendant’s favorable and unfavorable circumstances, the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., and the circumstances after the crime, the lower court’s punishment was too heavy or it exceeded the discretionary scope.

Therefore, the defendant and the prosecutor's assertion are 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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