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(영문) 광주지방법원 2017.09.20 2017노2952
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one hundred months of imprisonment, confiscation) is too unreasonable.

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

2. The judgment is a favorable condition, such as the fact that the defendant led to the confession of the crime of this case and reflects his mistake, that the defendant agreed smoothly with the victim, that the defendant has been punished for the same crime or has no record of punishment exceeding the fine.

On the other hand, the so-called “Sishing” crime committed by the Defendant is a crime that is planned and systematically intelligent against many and unspecified persons and that may cause considerable damage to the victims, and thus, the nature of the crime is not very good. The above crime of “Sishing” is divided not only by the participation of subordinate staff members in charge of withdrawal, remittance, solicitation of passbooks, etc. but also by the act of taking part in the operation of subordinate staff members in charge of withdrawal, remittance, solicitation of passbooks, etc., and the act of collecting the money taken out by the books of withdrawal to a foreign country and remitting the money to a foreign country or remitting the account user fee to the account owner to the account owner to be used for the crime, as such, the degree of the Defendant’s participation in the

The fact that it cannot be done is an unfavorable circumstance.

In addition, since there are no special circumstances or changes in circumstances that can be newly considered in sentencing after the sentence of the lower judgment, the following facts are comprehensively considered in light of the records and various sentencing conditions indicated in the instant case, such as the background of the instant crime, the circumstances after the instant crime, the Defendant’s environment, etc., the lower court’s punishment is too heavy or unreasonable, and thus, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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