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(영문) 수원지방법원 2015.12.09 2015노5402
사기
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The lower court’s sentence against the Defendants by the prosecutor is too unhued and unreasonable.

2. The crime of this case was committed by the Defendants in collusion with the so-called Bosing staff to take charge of withdrawing the amount of damage in a planned and organized manner with many unspecified persons by deceiving the victims E and F, and the crime is not good in light of the circumstances of the crime, methods, contents, social risks, etc., and the Defendants entered China from China to Korea on June 30, 2015, and entered Korea on July 1, 2015 and July 2, 2015. Accordingly, the Defendants participated in the withdrawing act of this case by entering China, recognizing the scam fraud, which is realized by the assistants of their names, and participating in the withdrawal act of this case. Since the Defendants’ participation and contribution to the cash withdrawal of the Defendants are essential for all crimes, it cannot be deemed that the Defendants’ participation in and contribution to the withdrawal act of this case is disadvantageous to the Defendants.

In light of the above, the Defendants’ intent to commit a crime and reflect on the fact that the degree of the Defendants’ participation in the entire crime is relatively excessive, the amount of damage is not much high, the victims do not want to punish the Defendants, and the Defendants did not have any history of punishment for the same crime.

In light of the above circumstances, considering the defendants' age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is deemed appropriate, and it cannot be deemed that the defendants and the prosecutor's assertion is too heavy or unreasonable.

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