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(영문) 수원지방법원 2018.08.13 2018노2257
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (6 months of imprisonment) is too unreasonable.

2. The defendant shows the attitude of reflecting his mistake, and the fact that the crime of this case constitutes concurrent crimes by the latter part of Article 37 of the Criminal Act, and thus, should consider equality with the case where the sentence is to be pronounced simultaneously with the case where the sentence is finalized, etc., favorable to the defendant.

However, the crime of this case was committed by taking part in the so-called Bophish criminal organization where the defendant is based overseas as a counselor of the call center and taking part in the so-called Bophish criminal organization where the defendant is located in a foreign country and taking part in the amount exceeding a total of 100 million won from the total of seven victims, and in light of the role within the organization of the defendant, the period of the crime, the number of crimes, and the scale of damage, etc.

Considering 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 imposed by the court below is too unreasonable.

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

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

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