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(영문) 수원지방법원 2017.11.10 2017노4930
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (ten months of imprisonment, two years of suspended sentence, two years of probation, observation of protection, and 80 hours of community service order) on the summary of the grounds of appeal is deemed to be too uneasy and unreasonable.

2. The judgment made it easy for the Defendant to commit the phishing by transferring the passbook to a person under whose name the passbook was transferred, and used at will only KRW 10 million deposited into the transferred account for personal purposes. The crime’s nature is not easy, and the fact that the other victims except the victim I did not recover from the damage is disadvantageous to the Defendant.

On the other hand, the fact that the defendant repents and reflects his mistake, the defendant has no other penalty in addition to the punishment of a fine for the same kind of crime, and the defendant has agreed to the greatest damage caused by each of the crimes in this case with the victim I. It is favorable to the defendant.

In addition, when considering all of the sentencing conditions in the instant case, such as the Defendant’s age, sex, environment, motive for the commission of a crime, and circumstances after the commission of a crime, the lower court’s punishment is too uneasible and unreasonable.

Therefore, the prosecutor's above assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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