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(영문) 수원지방법원 2016.03.11 2016노57
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The circumstances are favorable, such as the fact that the Defendant confessions and reflects the instant crime, and the Defendant has no record of criminal punishment other than the fine imposed twice for the instant crime, and the Defendant does not have any personal benefits acquired from the instant crime, and did not play a leading role in the instant crime.

However, the Defendant’s act of withdrawing cash is an act of financial fraud called “scam,” which is called “scam,” which is called a planned and organized act against many unspecified persons, and thus, it is highly likely that many victims are injured in society, and it is necessary to punish victims with considerable economic suffering. The Defendant’s act of withdrawing cash is not essential to achieve the purpose of the financial fraud crime, and the degree of participation in the crime is somewhat weak.

In full view of the following facts: (a) the number of the crimes in this case and the victims are not so many; (b) the amount of fraud exceeds KRW 100 million; and (c) no substantial measure is taken to recover the damage up to the depth of the party; and (d) other various sentencing conditions specified in the records and arguments, such as the defendant’s age, sexual conduct, environment, and circumstances before and after the crime, the sentence imposed by the court below is too unreasonable.

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

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