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(영문) 수원지방법원 2017.02.17 2016노8790 (1)
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (a) is too unreasonable that the sentence (a two years and six months imprisonment, the number of employees of the seized Financial Supervisory Service, the name of the Governor 27, the Governor 27, the documents of the Financial Supervisory Service, two copies, one pocket book, five mobile phones, one cell phone, and 24 documents file of the Financial Supervisory Service) is too unreasonable.

B. Prosecutor: The lower court’s sentence is too unhued and unreasonable.

2. The favorable circumstances include the fact that a person appears to have committed a crime for the basic livelihood of the judgment, the fact that the gains acquired by the crime were excessive to three million won, and that the person in depth reflects the crime.

However, the crime of this case is committed in a systematic, planned, and intelligent manner against many unspecified victims, and most of them are not returned even though the total amount of the defraudation amount reaches 370 million won, and even if the amount of the crime is larger than that of 370 million won, the crime of this case is committed as if it is an employee of the Financial Supervisory Service, and the crime is committed by deceiving the victim, and the crime method is inferior, such as deceiving the victim, and taking the contact with the fingers, in order to prevent the occurrence of the crime.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, it cannot be deemed that the lower court's punishment is too excessive or too heavy and unfair.

3. The appeal filed by the Defendant and the prosecutor 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.

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