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(영문) 서울동부지방법원 2016.01.28 2015노1550
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year of imprisonment) on the summary of the grounds for appeal is unreasonable.

2. The judgment is a favorable condition to the defendant for the following reasons: (a) the Defendant confessions and reflects the instant crime; (b) there are no criminal records exceeding the same kind and fine; and (c) the personal benefits acquired by the instant crime are not significant

On the other hand, the telephone fraud crime is a planned and organized crime against many unspecified persons, which is very poor in the quality of the crime, and the defendant takes charge of deceiving the victims' money deposited in the account and receiving and delivering the amount of damage to the accomplice. In light of the overall contents of the crime of this case, the degree of participation is not easy, and the amount of damage caused by the crime of this case in which the defendant's participation exceeds KRW 100 million, which is disadvantageous to the defendant.

In light of such circumstances and other circumstances as the Defendant’s age, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime, etc. as indicated in the argument of the instant case, the lower court’s sentence cannot be deemed unfair due to excessive suspension of sentence and the circumstances after the crime.

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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