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(영문) 대구지방법원 2016.09.29 2016노3073
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The defendant asserts that the defendant's punishment of the court below (two years of imprisonment with prison labor) against the summary of the grounds for appeal is too unfasible, and the prosecutor is too unfased and unfair.

2. The Defendant, who recognized the facts charged, reflects the facts charged, and does not have much profits that the Defendant acquired as a result of the instant crime, and his family members and branch members want to take the Defendant’s prior action.

In addition, there are no special criminal records against the defendant, and in relation to the crime against the victim M, there are circumstances that the defendant did not withdraw the above victim's money, and there is no substantial damage to the victim.

However, as the liability for withdrawal of so-called phishing crimes, the Defendant is not easy to take part in the context of its role, and there is a need to strictly punish phishing crimes, and there is a lot of damages in this case as about 25 million won.

In addition, there is no circumstance that the defendant made efforts to recover from the victims.

In addition, in full view of all the sentencing conditions indicated in the records, such as the defendant's age, sex, environment, occupation, and circumstances after the crime, the sentence imposed by the court below is deemed appropriate, and it is not recognized that the sentence imposed by the defendant is too heavy or unreasonable.

3. The appeal filed by the defendant and the prosecutor is without merit. Thus, 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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