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(영문) 대구지방법원 2018.03.09 2017노4694
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year of imprisonment, two years of suspended execution, and 160 hours of community service order) imposed by the court below on the defendant is too unfasible and unfair.

2. The judgment of the court below is a crime committed in a systematic and planned manner, which is a serious social problem because many unspecified victims are becoming a good social issue, and the defendant has performed an important role in the completion of the Bosing Crime by withdrawing and delivering the money obtained by deceit deposited in his/her account, and is disadvantageous to the fact that the damage has not been recovered.

However, the defendant seems to have aided and abetted the crime of fraud intentionally, the economic benefits acquired by this case are not significant, and the fact that there is no record of the crime exceeding the fine is favorable.

In addition, comprehensively taking account of the Defendant’s age, sex, environment, family relationship, circumstances leading to the Defendant’s crime, means and consequence, and all the conditions of sentencing as shown in the instant records and pleadings, such as the circumstances after the commission of the crime, the sentence imposed by the lower court is appropriate and the lower court’s judgment exceeded the reasonable bounds of discretion.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, the prosecutor's assertion is without merit, since the court below's punishment is too unfasible.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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