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(영문) 수원지방법원 2012.11.01 2012노3694
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

The Office of origin in the Suwon District Prosecutors' Office that has been seized.

Reasons

1. The summary of the grounds for appeal (e.g., unfair form of punishment) is too unreasonable in view of the fact that the defendants are divided into wrongs, that there is no previous case, and that they support their families, etc.

2. The so-called “Singishing” and “Mesing”, such as the instant crime, are very intelligent crimes by sharing the role of the participants in the instant crime in a planned and organized manner, and by using diverse and singular acts. As the nature of the crime is very poor and the damage is spreading considerably, it is highly necessary to punish those who participated in the instant crime. The Defendants withdrawn cash deposited in the “Sing passbook” with a cash card drawn from accomplices, and taking account of the fact that the degree of their participation cannot be deemed to be somewhat weak, the sentence of punishment against the Defendants is inevitable for a considerable period of time.

However, Defendant A is a primary offender, and there is no specific criminal history for Defendant B; the amount of damage caused by the instant crime is relatively little; Defendant B appears to have participated in the instant crime according to Defendant A’s recommendation; the Defendants are committing the instant crime; Defendant A’s payment of KRW 2 million to the victim for the recovery of damage caused by the instant crime; Defendant A’s payment of KRW 2 million to the victim in the trial and the victim did not want the punishment for the said Defendant; and in full view of all the sentencing factors indicated in the instant case, including the Defendants’ age, character, character, family environment, living attitude, and conditions after the commission of the crime, etc., the lower court’s punishment against the Defendants is excessively unreasonable.

3. The judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, since the defendants' appeal is all justified, and the following is again reversed after pleading.

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