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(영문) 수원지방법원 2020.01.09 2019노1705
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (one year of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unhued and unreasonable.

2. The crime of this case is determined by the following circumstances: (a) the Defendant involved in cash withdrawal in the singinging criminal organization and takes custody of the means of access; (b) acquired the victims’ property; (c) in light of the methods and contents of the crime, etc., the victims have very poor quality; (d) the victims have reached 15 persons and the total amount of the defrauded has reached approximately KRW 16 million; and (e) the crime of singing is very heavy; and (e) the crime of singing is difficult to crack down because the method of the crime is tight and planned; (b) it is difficult to crack down because the scope of the damage is not only differentiated and planned; and (c) there is a very structural characteristic that is not easy to recover the damage; and (d) it seems that there is a need to strictly punish

In addition, taking into account the following circumstances: (a) the Defendant led to the instant crime; (b) the degree of the Defendant’s participation in the instant crime was not more than that of accomplice C; (c) the Defendant’s profit was limited to KRW 1.50,00; (d) most property damage was recovered by accomplice C; and (e) the Defendant still has the possibility of improving edification as a juvenile; and (e) the equity in sentencing with the same or similar incidents, including the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence; and (e) various conditions of sentencing as shown in the instant pleadings, such as the circumstances after the crime, etc., it is not recognized that the lower court’s punishment is too unreasonable.

Therefore, the prosecutor's above assertion is not accepted.

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

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