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(영문) 수원지방법원 2017.11.23 2017노7118
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 (a long-term one year of imprisonment, a short-term eight months, and confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The so-called “singishing” fraud, such as the instant crime, consists of organized, planned, and intelligently causing significant social harm, and even a subordinate member who participated in only part of the crime, is also in need of strict punishment due to the lack of arrest of the entire staff, and the Defendant took part in three times or frauds, and the total amount of damage was very large exceeding KRW 100 million, etc. that are disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognized the crime of this case, the defendant is arrested immediately after the crime against the victim I, and the victim was returned to both the victim's damage amounting to 31 million won and the victim's G was also returned to the victim's small-sum or partial damage amount, the defendant's age as a juvenile of 18 years old at present, and there was no record of criminal punishment in the Republic of Korea, etc. are favorable to the defendant.

In full view of the above overall circumstances and other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment is too heavy or it cannot be deemed unfair because it is too heavy, and thus, 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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