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(영문) 수원지방법원 2018.02.22 2018노5
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment, confiscation) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The so-called “singishing” fraud, such as the instant crime, consists of organized, planned, and intelligently causing significant social harm, and because it is difficult to arrest the entire organization members, it is necessary to severely punish the subordinate members who participated only in the crime, even though they are subordinate members of the lower organization. The number of times the Defendant received or attempted to receive and deliver the amount of damage reaches 10 times, and the total amount of damage is very large, and the damage is recovered or did not agree with the victims, etc. are disadvantageous to the Defendant.

On the other hand, when the defendant was in a trial, all of the crimes of this case are recognized and reflected, and the defendant currently is somewhat 20 years old, and there is no record of criminal punishment in Korea, etc. are favorable to the defendant.

In full view of the above circumstances and other circumstances, such as the character and conduct, environment, family relationship, motive, and circumstance after the crime, etc. of the defendant, the court below’s punishment is too heavy or it cannot be deemed unfair as it is too low. Thus, the defendant and the prosecutor’s assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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