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(영문) 의정부지방법원 2018.01.18 2017노2841
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (a year and six months of imprisonment, confiscation) on the defendant is too unreasonable.

2. The judgment of the defendant is not likely to commit a crime of fraud in a systematic and secret manner by sharing roles with accomplices.

The defendant needs to be punished strictly by seriously threatening the safety of high-speed transactions and precious metal transactions on the Internet.

The amount of the fraud of this case exceeds KRW 30 million, and the victim also has not recovered the damage of the victims or has not agreed to do so even in the name of 30 persons up to the depth of the party.

Defendant has been sentenced to the suspension of the execution of imprisonment with prison labor for larceny, etc. and four times of imprisonment with prison labor.

In full view of the above circumstances and other circumstances, the Defendant’s age, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime, etc., the lower court’s punishment cannot be deemed as unfair because it is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. As such, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure; however, it is decided as follows: (a) ex officio pursuant to Article 25(1) of the Rules on Criminal Procedure; and (b) “ October 11, 2016” to be amended to “ October 20, 2016.”

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