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(영문) 수원지방법원 2017.06.01 2017노2252
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the gist of the grounds for appeal by the defense counsel (unfair sentencing) and the fact that the Defendants recognized the mistakes of the Defendants and reflected in the sentencing, and the degree of participation in the commission of the crime is minor and there is no benefit that they acquired, the sentence of the lower court sentencing one year for each of the Defendants is too unreasonable.

2. The crime of this case is committed by telephone finance fraud, which is the systematic and systematic intelligence of the applicable law, and thus is highly harmful to society since the number of unspecified victims can grow up in a short period as well as the quality of the crime. Defendant B had the record of criminal punishment for the same kind of crime. Defendant A was sentenced to imprisonment on November 24, 201 by the Gwangju High Court for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Rape, etc.) at the Gwangju High Court on February 10, 2014, and was sentenced to imprisonment for two and half years and six months, and did not recover from the crime of this case during the repeated period after the execution of the sentence was completed on February 10, 2014. The circumstances asserted in the grounds of appeal are that the court below had already reflected in the sentencing, and there is no special change in circumstances that can be considered in the judgment of the court below, and that there is no reason to view the sentencing and the age, character, environment, degree of damage, motive and circumstances of the crime.

3. The Defendants’ appeal is without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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