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(영문) 청주지방법원 2017.08.31 2017노773
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and three months of imprisonment) is too unhued and unreasonable.

2. Circumstances unfavorable to the defendant are as follows.

The instant crime was committed in a systematic and professional manner after sharing the roles of multiple persons according to a brush plan, and was committed in an unspecified number of victims.

The so-called phishing crime is likely to adversely affect the trust relationship of the whole society by making the general public imprucly with state agencies or financial institutions.

In particular, the organization to which the defendant was the defendant was accused of the total amount of 69,415,400 won by deceiving many victims.

The Defendant, while playing the role of the Telecomter, contributed essentially to the criminal conduct of Bosing.

No damage recovery was made until the trial was held.

Circumstances favorable to the defendant shall be as follows:

The Defendant recognized the instant crime and runs against the Defendant.

There is no particular history of punishment except for the defendant who has been sentenced to a fine on one occasion for a double crime in 199.

Considering the aforementioned circumstances in light of the balance of punishment with other accomplices and the character, experience, environment, the circumstances and consequences of the crime, and all of the sentencing conditions indicated in the records and arguments in the instant case, such as the circumstances after the crime, the lower court’s punishment cannot be deemed unfair because it is too uneasible.

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

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