(영문) 수원지방법원 2016.11.04 2016노3235 | 리걸엔진

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(영문) 수원지방법원 2016.11.04 2016노3235

사기등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year of suspended execution in six months of imprisonment, probation, and community service for 80 hours) imposed on the Defendant by the lower court is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unfair.

2. The circumstances are favorable, such as the fact that the Defendant made a confession and reflects the instant crime, that KRW 1,400 out of the amount of fraud has been returned to the victim, and that the equity between the judgment and the judgment should be taken into account at the same time as in the judgment of the original court that became final and conclusive.

On the other hand, the crime committed by the Defendant is a financial fraud crime which is called the so-called "scam," which is called a planned and organized act against many unspecified persons, and there is a great social harm by massing many victims, and there is a need to punish the victims with severe economic suffering. The Defendant's act of withdrawing and remitting cash is indispensable to achieve the purpose of the financial fraud, and thus the degree of participation in the crime is not less than 50 million won, and the amount of fraud in this case exceeds 50 million won, but the Defendant did not agree with the victim until the trial. The Defendant did not take any substantial measures to recover damage, and the Defendant did not have the record of having been sentenced to juvenile protective disposition and imprisonment with prison labor for the same kind of crime.

In full view of the aforementioned circumstances and other factors of sentencing, including the Defendant’s age, character and conduct, environment, and circumstances before and after the commission of the crime, it is not determined that the sentence imposed by the lower court is too heavy or too unreasonable.

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

참조조문

-형사소송법 제364조 제4항

유사 판례

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