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(영문) 수원지방법원 2016.03.04 2015노7190
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. On the summary of the reasons for appeal, the court below's decision (one year of imprisonment, one year of confiscation) asserts that the defendant is too unreasonable because it is too unreasonable, and the prosecutor asserts that it is too unfeasible and unfair.

2. The crime of this case is deemed to have been involved in the Defendant’s withdrawal of the crime of this case by telephone finance fraud (one scaming). The crime of Boscam was committed by deceiving a large number of victims in a systematic and planned manner and deceiving them into a scambling situation, and the nature of the crime is very poor, as the method of crime becomes more intelligent and social damage increases, and there is a need to strictly punish an accomplice who is not able to take only cash withdrawal and delivery as the Defendant, and gains acquired through the crime. The number and amount of withdrawals by the Defendant are small, the victims are not recovered in full, and the victims are not recovered in full, and it is unfavorable to the Defendant and the Defendant are against the nature of the Defendant; the Defendant voluntarily surrenders to the investigation; the Defendant deposited or paid a total of 7.46 million won to five victims among the victims, and the Defendant deposited or paid the money in favor of the U.S. victims, and the circumstances of this case’s punishment are too excessive or excessive, such as the Defendant’s age, circumstances, and circumstances in this case.

Therefore, each of the above unfair sentencing arguments by the defendant and the prosecutor is 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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