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(영문) 수원지방법원 2016.03.25 2016노116
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (defendant B: imprisonment with prison labor for four years, confiscation, and confiscation for one year and six months, and confiscation) declared by the court below to the Defendants is too unreasonable.

2. There are extenuating circumstances, such as that the Defendants did not have any history of punishment for the same crime, and that the Defendants are against themselves when recognizing the instant crime.

However, the instant “Sishing” crime in which the Defendants participated is planned and organized against many and unspecified persons, and there is a need to strictly punish the victims to incur serious damage, and the Defendants play the role of withdrawing the money obtained by deception. Defendant B withdraws the money exceeding the total of KRW 1 billion. Defendant C withdraws the money in total of KRW 37.4 million, in light of the fact that the nature of the crime is very heavy, the damage has not been recovered, and other various sentencing conditions such as the Defendants’ age, sex, environment, motive, means and consequence of the crime, degree of damage, and circumstances after the crime are considered, it cannot be said that the sentence imposed by the lower court is too unreasonable.

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

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