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(영문) 수원지방법원 2015.10.30 2015노4905
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed on the Defendant by the lower court (one year of imprisonment, confiscation of 3 to 15, No. 1, 2 of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The judgment of the court below is a favorable condition to the defendant that the defendant led to confession and reflects the crime of this case, that the defendant has yet to age, has no record of domestic crime, and that the court below agreed with the victim of this case.

However, in light of the following circumstances: (a) the crime of single-name “Sing” was committed by acquiring an unspecified number of money in a systematic and planned manner; (b) not only the nature of the crime is very high; (c) but also social criticism is high; (d) such crime was committed in a divided manner through the participation of subordinate staff members, such as withdrawal measures, as well as the total liability; (b) the withdrawal by the Defendant is indispensable for the completion of the crime; and (c) there is a substantial need to punish such simple participation for eradicating the crime; (d) the Defendant appears to have committed repeated crimes from May 1, 2015 to June 17, 2015, which were arrested in the instant case from May 17, 2015; and (e) the Defendant was holding ten copies of a cash withdrawal card under the name of another person at the time of arrest; and (e) other various circumstances, such as the Defendant’s character and behavior, family relationship, motive, means and consequence of the crime, and the circumstances after the crime, etc.

3. If so, the appeal by the prosecutor and the defendant is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

(However, since it is obvious that "the seized Bank of Korea" in the judgment of the court below is a clerical error, it shall be corrected to "the seized Bank of Korea".

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