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(영문) 수원지방법원 2016.07.01 2016노2715
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (three years of imprisonment) is too unreasonable.

2. The judgment is a favorable condition that the defendant's gains that he/she acquired by committing a crime are not high, that he/she reflects his/her depth on the crime, that he/she has no criminal record for the same kind of crime, and that

However, the crime of this case is committed in a systematic and planned manner against many unspecified persons, which causes serious damage to the victims, and requires strict punishment. Even if the amount of damage to the crime of fraud exceeds 100 million won, the amount of fraud is not returned, the victim of the crime of fraud is up to 72, the victim of the attempted crime is up to 234, and the degree of participation in the crime is disadvantageous.

In addition, comprehensively taking account of the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions indicated in the previous theories, the sentence of the court below cannot be deemed to be unfair because it is too unreasonable.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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