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(영문) 수원지방법원 2017.12.18 2017노6966
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The judgment shows the attitude of the defendant to recognize his mistake and reflect himself, the period of participation in the crime is short, and the defendant has no criminal record exceeding the fine.

However, in this case, the defendant's participation in the telephone financial fraud organization and the defendant's attempt to defraud or defraud 78 million won in total as an active means of deception such as misrepresenting an investigation agency against an unspecified number of victims is nothing more than an attempted crime in light of the contents and results of the crime, the amount of damage, the social harm of the telephone financial fraud, etc.

In addition, even before committing the instant crime, the Defendant attempted to commit the instant crime related to licensing even before committing the instant crime, and it is difficult to view that the Defendant, upon leaving China to commit the instant crime, went out of China and went out of the organization with the staff of the Call Center, and became out of the organization voluntarily.

In light of the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence of the court below is too unreasonable since it is too unreasonable. Thus, the above argument by the defendant is without merit.

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

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