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(영문) 수원지방법원 2015.09.16 2015노3669
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the court below (two years of imprisonment) is too unreasonable.

2. In light of the fact that the defendant made a confession of all of the crimes of this case and made it against his will, due to economic difficulties, he seems to have been involved in each of the crimes of this case, there is no record of punishment for the same kind of crime, and his family members want to leave his wife. However, the telephone financial fraud crime under the same conditions as in this case is committed systematically and systematically against many unspecified victims, and there is a need to strictly punish the harm that may inflict on society by massing a large number of victims. In particular, the above fraud act is divided into their roles, and is organized by consecutive communication with other accomplices. In light of the characteristics of these crimes, the defendant's act is committed in this case by linking the assistant members of the passbook in this case, or by delivering the passbook, card, etc. from them, and by withdrawing the damaged amount deposited in the passbook to other accounts, and the defendant's act of remitting it to other accounts is essential to bring it out to the whole account, and it is not clear that the defendant's participation in the crime of this case does not reach the age limit of the defendant's participation.

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

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