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(영문) 수원지방법원 2015.04.09 2015노1584
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (one-year imprisonment) by the lower court is too unreasonable.

2. The Defendants’ grounds for appeal in this case are as follows: (a) the Defendants’ health team, the Defendants’ violation of their depth; (b) the amount of damage in this case cannot be deemed to be significant; and (c) the victims and their efforts to recover from damage were made; and (d) the circumstances favorable to the Defendants are recognized.

However, in the case of so-called “Sishing” fraud, the Defendants conspired with other accomplices in China to commit the instant crime, and the social harm is extremely large and high potential for criticism, and the Defendants actively participated in the role of withdrawing cash in the instant crime and the period of such participation appears to be less than the period. In full view of all the sentencing conditions indicated in the instant pleadings, including the Defendants’ age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, and circumstances after the crime, the lower court’s punishment is too unreasonable. Thus, the Defendants’ aforementioned assertion is without merit.

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

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