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(영문) 대전지방법원 2017.09.07 2017노1997
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one and half years of imprisonment by each of the Defendants) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The fact that the Defendants recognized the instant crime and made a mistake against the Defendants, the period for committing the instant crime is not long, and four victims agree with each other, the Defendants paid part of the amount of damage to the victims, and Defendant B deposited part of the amount of damage for the victims S, and Defendant A was the first offender, and Defendant A did not have any record of criminal punishment except for a fine once.

On the other hand, the so-called "Sishing" crime, such as the crime in this case, is subdivided and organized as the role of the participants in the crime, and the method of the crime is secret and intelligent, causing economic damage to many victims. Thus, the crime is very poor in light of the method and frequency of the crime in this case, the number of victims, and the amount of fraud, etc., and allowing victims to transfer or pay money by misrepresenting the investigator of the Seoul Central District Public Prosecutor's Office, which is the role of the defendants, is essential for the crime in this case, and the degree of participation is gravely unfavorable to the defendants.

In addition to the above circumstances, considering the fact that the circumstances favorable to the sentencing alleged by the Defendants in the trial are deemed to have already been taken into account when determining the punishment at the court below, and the various sentencing conditions shown in the records and theories of the instant case, such as the Defendants’ age, sexual conduct, environment, motive, means and consequence of the crime, etc., the sentence of the court below against the Defendants cannot be deemed to be too heavy or unreasonable.

3. In conclusion, the appeal by the Defendants and the public prosecutor is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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