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(영문) 서울서부지방법원 2018.01.18 2017노1424
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The Defendant is only a person who has been punished once by a fine for a crime of different species, agreed with the victim, and made a deep agreement with the victim, and there is a favorable circumstance for the Defendant.

However, since the social harm and injury against the crime of telephone financing fraud requires a very strict response, even if the role of the participant is not significant, it is necessary to punish the participant, C is engaged in the conduct of the employee of the Financial Supervisory Service, and the defendant et al. has received KRW 14.8 million from the injured party and used it individually. In full view of the poor nature of the crime, and other various sentencing conditions in the records and arguments, including the defendant's age, sex, environment, circumstances of the crime, etc., the sentence imposed by the court below is too unreasonable.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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