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(영문) 청주지방법원 2016.12.02 2016노1228
사기
Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s above sentence against Defendant A and the sentence against Defendant B (the community service order of two years of imprisonment with prison labor for one year, two years of 200 hours of time) of the lower court is deemed to be too unhued and unreasonable.

2. Determination

A. Common sentencing grounds for the Defendants make confessions of the instant crime and reflects their mistakes in depth, and the Defendants appear to have much less than the actual acquired amount than the acquired amount of criminal facts as indicated in the judgment, is favorable to the Defendants.

However, the so-called “scaming” crime, such as the instant crime, is a crime that can be systematically and systematically conducted against many and unspecified persons and may cause enormous damage to victims, and its nature is not very good.

This is an act of taking part in the lower-ranking staff in charge of withdrawal, remittance, or solicitation of passbook, as well as the total liability. Without the role of the so-called “commenter,” which directly induces victims, it cannot be said that the degree of the Defendants’ crime is less than that of the crime.

In addition, the crime of this case was committed against the economically weak groups who are vulnerable to the crime of this case, and the defendants did not completely recover from the victims' damages.

In full view of these circumstances and circumstances, the sentencing factors against the Defendants, including the Defendants’ age, character and conduct, intelligence and environment, the relationship between the victims, the motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, I would like to examine the sentence of the lower court.

B. Although there are favorable circumstances in which the defendant A actively cooperates in the investigation and provided the proviso to accomplices, the above defendant moved his office in China after committing the crime to a separate criminal organization.

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