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(영문) 수원지방법원 2017.09.07 2017노4084
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

All applications filed by applicants for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine each of the judgment and prosecutor’s unfair sentencing cases.

The so-called “Sishing” crime, such as the instant crime, is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the social and economic harm therefrom is also serious, and thus, it is necessary to severely punish subordinate participants who have performed the role of collection, withdrawal, and delivery books. The Defendant, by misrepresenting his employee of the Financial Supervisory Service, actively participated in the instant crime, such as transferring the victims’ money from the victims to the Bosing Organization, etc., and the total amount of damage reaches KRW 123,70,000,000, and the damage does not seem to have been recovered is disadvantageous to the Defendant.

On the other hand, the fact that the defendant recognizes all of his criminal acts and reflects, and that the records of criminal punishment in Korea are not confirmed, are favorable to the defendant.

As above, the lower court appears to have determined the sentence in consideration of various favorable and unfavorable circumstances to the Defendant, and there is no special change to the extent that it is considered in sentencing in the past.

In addition, comprehensively taking into account all the sentencing conditions indicated in the records of this case, such as the defendant's age, sex, environment, circumstances after the crime, and circumstances after the crime, it is difficult to view the sentencing of the court below is too heavy or unreasonable since it is difficult to view the sentencing of the court below as unfair. Therefore, each of the above arguments by the defendant

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act, as the grounds for appeal by the defendant and the prosecutor are without merit. Since the scope of the defendant's liability for damages is not clear, the application by the petitioner for the trial is concerned with the promotion of the lawsuit.

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