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(영문) 대전지방법원 2014.03.19 2013노2676
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall circumstances of the instant case, the sentence imposed by the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. In light of the overall circumstances of this case, the sentence imposed by the court below on the defendant is too uneasible and unfair.

2. The Defendant’s assertion that the Defendant and the Prosecutor’s assertion of the judgment are about 138,50,000 won in total, and the victims are many and the damage has not yet been recovered to the trial. The crime of this case is highly likely to cause social harm resulting from the screening of so-called “singing” fraud, which is planned and organized against many and unspecified persons, and such crime is subdivided into one’s roles and is systematically and systematically performed through a series of communication with other accomplices. The Defendant’s act of cash withdrawal is essential for the crime of “singing,” and is deemed to require punishment for the same withdrawal measures as the Defendant and reflects his mistake in order to prevent the crime of “singing,” the Defendant’s act of withdrawing all of the crimes of this case, and is against the Defendant’s mistake. In full view of the favorable circumstances, such as the Defendant’s age, character and behavior, and circumstances after the crime, etc., the Defendant and the Prosecutor’s allegation that the Defendant are too harsh or unreasonable is 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.

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