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(영문) 창원지방법원 2017.06.28 2017노1092
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Improper sentencing for each of the reasons for appeal;

2. The lower court determined the sentence by taking into account the following circumstances: (a) the Defendant led to the confession of each of the instant crimes; (b) the victim did not want the punishment of the Defendant; (c) the most of the proceeds of the instant crimes would result in other accomplices; (d) the Defendant contributed KRW 23 million equivalent to the amount damaged by the crime No. 1 and No. 2 in the judgment of the lower court after the prosecution; (c) the Defendant cooperateed in the investigation; (d) the commission of the crime was defective; (e) the commission of the crime was committed on the condition of compensation; (e) even before and after the previous conviction of the same fine; and (e) repeated the crime; and (e) the Defendant’s age, sexual conduct, environment, motive and means of the crime; (e) the circumstances after the crime; and (e) the balance with other accomplicess in the records and arguments (one year of imprisonment).

The grounds alleged by the prosecutor, such as the degree of participation in the crime, the degree of damage to some victims, the repayment and contribution, the cooperation in investigation, etc., and the poor nature of the crime, the social harm to the crime of telecommunications financing fraud and the need for criminal policy consideration, and the equality with other accomplices, are considered to have been sufficiently taken into account in determining the punishment against the defendant, and the above conditions of sentencing change otherwise.

There is no circumstance to consider.

Considering the above sentencing conditions, the lower court's punishment is determined to be reasonable within the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor 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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