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(영문) 서울중앙지방법원 2018.02.01 2017노3951
사기등
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years and six months of imprisonment, confiscation) is too unreasonable.

Judgment

The defendant served as a staff member of the Financial Supervisory Service to take charge of the collection of cash for the Bosing crime.

From April 13, 2017 to May 16, 2017, the period of crime is 11 months from May 13, 2017, and the victim is 11 and the amount of damage is 17,000,000 won (including the amount of damage to the attempted fraud, which is 49 million won) and the responsibility for the crime is heavy.

173,461,622 won ( = 105,242,460 49,019,1627,500,700,000) Defendant was sentenced to a suspended sentence for six months due to special larceny on January 26, 2016, and committed the instant crime even when he/she was under suspended sentence, which became final and conclusive on February 3, 2016.

In addition, the accused has been subject to the punishment of a fine on three occasions in 2016.

In the meantime, the Defendant agreed to pay 2.5 million won out of the amount of damage 6.9 million won to T in the trial of the party (the submission of normal data on January 11, 2018). The recommended punishment according to the sentencing guidelines is from January 1 to 6 years.

[Scope of Recommendation] General Frauds 2 Types (10 million won or more, and less than 500 million won): An increase in the number of levels 1 to 6 years as a result of the combination of identical types of crimes (a special increase) or repeated crimes for an unspecified or large number of unspecified victims, taking into account all the sentencing conditions such as Defendant’s age, sexual behavior, environment, and circumstances after the crime, etc. in the above circumstances, the sentence of the court below is appropriate within the scope of sentencing discretion, and it cannot be deemed unfair because it is too too unreasonable.

In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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