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(영문) 의정부지방법원 2016.06.23 2016노828
특수절도등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (two years of imprisonment, confiscation) is too unreasonable.

2. It is recognized that the Defendant agreed with the victim H and Q, and that part of the money was deposited for the victim J (150 million won) and that there was no record of criminal punishment in the Republic of Korea.

However, the crime of telecommunications financing fraud, which is planned and organized against many and unspecified persons, has a big social impact on the society by massing a large number of victims, and the victims' economic suffering is considerable, and even if the role of the participants or personal gain is not significant, it is necessary to punish the participants.

Furthermore, the defendant is a Korean total responsibility for telecommunications financing fraud organization, and the degree of participation is more serious, such as leading the victims of the elderly, leading them in a special larceny crime that is organized and organized, leading them, leading them to commit direct theft, and the nature of the crime is very poor, and the scale of damage actually inflicted on the victims is also high.

The defendant was unable to reach an agreement with the victim J and M so that he/she would be subject to the judgment of the court.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, etc., various sentencing conditions as shown in the argument of the instant case, and the scope of recommended sentence according to the sentencing guidelines for the enactment of the Supreme Court Sentencing Committee, the sentence of the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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