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(영문) 창원지방법원 2018.01.11 2017노3141
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (a long-term of one year and six months, a short-term of one year, and confiscation) is too unreasonable.

2. In light of the following facts: (a) the Defendant led to his/her criminal act, and is against himself/herself; (b) there is no record of criminal punishment in the Republic of Korea; (c) even though the method of the singing crime is recognized, it is necessary to strictly punish persons involved in the criminal act in light of the fact that the method of the singing crime is becoming more fast and the damage is growing; (d) the Defendant was in charge of taking the responsibility for withdrawal of cash that is important for the criminal act by Bosing; (e) there is no change of circumstances that may otherwise determine the age, sex, family relation, criminal record, motive, means and consequence of the criminal act; and (e) there is no other change of circumstances that may determine differently from the judgment of the court below and the punishment at the trial; and (e) all the sentencing circumstances, including the following circumstances,

Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so ordered as per Disposition.

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