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(영문) 서울중앙지방법원 2019.08.13 2019노1535
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (e.g., imprisonment with prison labor for one year and six months, and confiscation) of the court below is too unreasonable.

B. The lower court’s sentence is too uneased and unreasonable.

2. The crime of scaming, which scams money from many and unspecified persons systematically, is often conducted through the participation of subordinate officers, such as withdrawal, collection measures, and remittance measures, and there is a great need to strictly punish such an act of participation. The fact that the victim from the crime of this case is four persons, and the amount of damage is 28 million won, but the damage is not recovered to three persons, and that there is no record of having received juvenile protective disposition several times of the same crime is disadvantageous.

However, there are favorable circumstances such as the fact that the defendant suffered economic difficulties as the first adult living in the society where he became the majority, caused the crime of this case, made efforts to recover damage by paying part of the amount of damage to the victim G, and the fact that the social ties between the family relationship such as the parent of the defendant and the family relationship is deep.

Comprehensively taking account of the above circumstances, the Defendant’s character, conduct, environment, health condition, circumstances leading to the commission of the crime, means, and consequence, etc., the lower court’s punishment cannot be deemed as excessively heavy or unhued so far as it goes beyond the scope of discretion.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed for all reasons.

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