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(영문) 창원지방법원 2020.12.18 2020노2404
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

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

2. The judgment scam crime is a crime that induces many unspecified victims in a systematic and planned manner by sharing the roles of a large number of people, and the nature of the crime is not very good and the harm inflicted on the victim and society is serious, so it is necessary to punish the victims with severe penalty corresponding thereto.

While clearly recognizing that the Defendant is illegal, the Defendant participated in the crime of Bosing as a collection book, and misrepresented that the Defendant is an employee of a savings bank, and issued the victim a false document called “part of a certificate of partial repayment.”

The damage caused by the instant crime was not recovered, and the Defendant did not receive a letter from the victim.

The Defendant committed the instant crime during the period of repeated crime due to a previous conviction in the lower judgment.

However, the defendant is against himself while committing a crime.

There is no record that the defendant was punished for the same crime.

In full view of the above circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, all of the sentencing conditions as shown in the pleadings, and the scope of recommended sentencing guidelines, such as the circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and 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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