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(영문) 수원지방법원 2017.02.09 2016노8454
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months of imprisonment, and confiscation) is too unreasonable.

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. We also examine the judgment and prosecutor’s arguments.

The fact that there is no record of criminal punishment in the Republic of Korea until the defendant has yet to be punished, that the defendant recognizes the crime of this case, and that the actual profits of the defendant could not be relatively significant due to the crime of this case, are favorable to the defendant.

However, the crime of telephone financial fraud, such as the crime of this case, is highly harmful to society, the crime is committed systematically, planned, and intelligently, and even a subordinate member participating in only part of the crime because it is difficult to arrest the entire organization, it is necessary to severely punish the crime. The defendant repeated the crime of this case four times, and the amount of damage suffered by the victims such as the victim F, etc. exceeds the total amount of KRW 90 million, and even if it appears that the victims' damage has not yet been recovered properly, etc. are disadvantageous to the defendant.

In full view of the sentencing conditions, including the Defendant’s age, sex, environment, and family relation, it is difficult to view that the sentence imposed by the lower court is too heavy or unreasonable as it is too heavy.

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.

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