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(영문) 수원지방법원 2017.12.21 2017노7068
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The defendant seems to have the attitude of recognizing and reflecting all his criminal acts, and the records of criminal punishment in Korea are not confirmed, which are favorable to the defendant.

On the other hand, the crime of this case is a so-called " Bosing," which is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and it is inevitable to severely punish subordinate participants such as collection and delivery measures because the social harm of the crime is very high. In particular, the crime of this case was committed by using a method that threatens the victims' family members, and the defendant was aware of such a method, and it seems that the crime of this case was more poor, and the defendant was actively involved in the crime of this case, such as the fact that the defendant was committed as an employee of a lending enterprise, and that the amount of damage reaches 75 million won, and that it is deemed that the damage was not recovered and the damage was not recovered.

As above, in full view of the factors of sentencing as seen in the records and arguments of this case, such as the Defendant’s favorable and unfavorable circumstances, the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., and the circumstances after the crime, the lower court’s punishment was too heavy or it exceeded the discretionary scope.

Therefore, the defendant and the prosecutor's assertion are 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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