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(영문) 서울중앙지방법원 2018.07.19 2018노1359
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the court below, the defendant asserts that the defendant is too large and unfair, and that the prosecutor is too unfeasible and unfair.

2. We also examine the judgment and prosecutor’s improper claims for sentencing.

The crime of this case was committed in collusion with a third party by approaching the victim who is in an imminent situation and by using a bank card, etc. as if the defendant would resolve the investigation of this case and the suspension of the use of the account. It is not very good to commit the crime in light of the law of crime, etc.

In particular, in the past, the Defendant’s participation in the so-called “scaming” crime, and without being aware of the record of having been sentenced to imprisonment several times due to a violation of the Electronic Financial Transactions Act, etc., and thus, is not less vulnerable to the crime of this case in a similar way.

Such circumstances are disadvantageous to the defendant.

However, the defendants are all aware of crimes, and they are against themselves.

The defendant's profit from the crime is relatively little.

The victim has agreed with the victim, and the victim has appealed against the defendant while expressing his/her wish not to punish the defendant.

Such circumstances are favorable to the defendant.

In addition, when considering the defendant's age, career, sex, environment, family relationship, motive and background of the crime, means and consequence of the crime, and various conditions of sentencing as shown in the arguments, such as the circumstances after the crime, the sentence of the court below is determined to be reasonable and reasonable, and it cannot be deemed unfair because it is too heavy or unfasible to the sentencing discretion of the court.

3. As such, the appeal by the defendant and the prosecutor is without merit, and 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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