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(영문) 수원지방법원 2018.04.24 2018노72
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The fact that the defendant agreed with some of the victims in the trial is favorable to the defendant.

However, as the instant crime was committed, the crime of receiving money on the pretext of investment money against many and unspecified persons is likely to cause confusion in the financial transaction order and commit the crime of receiving money on the pretext of investment money in a short term, and there is a need to strictly punish such social malicious behavior. The damage caused by the instant fraud is serious, and the fact that no agreement has been reached with the majority of victims is disadvantageous to the Defendant.

In addition, comprehensively taking account of the various circumstances, such as the Defendant’s age, sex, environment, and circumstances before and after the commission of the crime, the lower court’s punishment cannot be deemed to be excessively heavy or unbrupted and unfair.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all the appeal filed by the defendant and the prosecutor are without merit.

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