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(영문) 수원지방법원 2017.04.13 2017노489
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The lower court’s sentence (one and half years of imprisonment, and confiscation) on the gist of the grounds of appeal is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and reflects it, that the defendant deposited KRW 500,000 for the victim in the trial of the party (the account principal, I deposited KRW 500,00 in the future) and that the parent and the branch of the defendant want to take the action against the defendant is favorable to the defendant.

However, the so-called “scaming” crime, such as the instant crime, consists of organized, planned, and intelligently causing significant social harm, and even a subordinate member who participated only in a part of the crime because it is difficult to arrest all the organization members, requires strict punishment. The Defendant, who misrepresented another person to withdraw the amount of damage and delivered it, is somewhat vulnerable to the degree of participation by training other assistant employees.

Comprehensively taking account of the fact that it is difficult to see the Defendant’s age, sexual conduct, environment, and the contents and methods of the instant crime, the lower court’s sentencing cannot be deemed unfair because it is too unreasonable.

3. If so, the Defendant’s appeal is without merit, and thus, it is dismissed under Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure, which is applicable to the crime of 1. Pursuant to Article 25(1) of the Rules on Criminal Procedure, the term “the pertinent provision of the Act on Criminal Procedure” applicable to the judgment below is amended by adding “1. Selection of imprisonment for

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