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(영문) 수원지방법원 2017.11.30 2017노5337
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court’s sentence (the imprisonment of eight months, the suspension of the execution of two years, and the community service order of one hundred and twenty hours) on the summary of the grounds of appeal is deemed to be too unhued and unreasonable.

2. The so-called “singishing” crime, such as the instant crime, is committed in a systematic, planned, or intelligent manner, and is highly likely to cause social harm. The mere participation in part of the crime or the aid and abetting act is inevitable as it is difficult to arrest the entire organization, and even if such aiding and abetting act is committed, it is extremely large that the amount of damage inflicted on the Defendant’s aiding and abetting act is KRW 33.8 million, and the Defendant’s damage was recovered or did not agree with the victims, etc. are disadvantageous to the Defendant.

However, considering all of the sentencing conditions of the Defendant’s age, sex, environment, family relationship, motive, etc. as well as the circumstances after the crime, the lower court’s punishment is too unfeasible and unfair, and thus, the Prosecutor’s assertion is without merit, inasmuch as it appears that the Defendant committed the crime of this case intentionally, do not seem to have been punished for the same kind of crime, and there is no record of punishment, and the gain acquired by the crime of this case is a small amount of KRW 100,000,00,000.

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

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