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(영문) 광주지방법원 2018.05.30 2018노999
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentencing is too inappropriate.

B. The lower court’s sentencing is too uncomfortable.

2. Considering the fact that the Defendant participated as a telephone counselor in the so-called so-called phishing fraud crime, and the nature of the crime is not good, the frequency of the crime is large and the amount of damage is considerable, but no damage recovery or agreement has been reached, strict punishment against the Defendant is required.

However, the Defendant’s mistake is divided, and the crime of this case is in the relation of fraud using computer, etc. for which the judgment has become final and conclusive and concurrent crimes after Article 37 of the Criminal Act, the equity should be taken into account when the judgment is rendered at the same time under Article 39(1) of the Criminal Act. The Defendant has no other force than the above previous conviction, and there is no other force on criminal punishment against other accomplices, considering the balance of sentencing with other accomplices, the Defendant’s age, sex and environment, motive, means and consequence of the crime, and the conditions of sentencing specified in the argument of this case, such as circumstances after the crime, etc., the sentence imposed by the court below is deemed appropriate, and is too heavy or too unreasonable. Thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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