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(영문) 수원지방법원 2013.10.17 2013노3718
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the overall sentencing conditions of the Defendants, the respective sentence of the lower court against the Defendants (Defendant A: one year of imprisonment, and ten months of imprisonment) is too unreasonable.

B. In light of all of the sentencing conditions of the Prosecutor’s instant case, the lower court’s respective sentence against the Defendants is too uneasible and unreasonable.

2. The judgment of the Defendants led to the confession of the instant crime and reflects on the Defendants, and the fact that the Defendants do not have any specific criminal punishment is favorable to the Defendants.

However, the Defendants’ crime of fraud was committed closely and systematically against many unspecified persons, and there is a need to strictly punish those who participated in the crime in the crime in question in a short period, and there is a structural characteristic that is not easy to recover from damage. The amount of fraud of this case is very large. In the case of Defendant B, the transfer of the means of access is likely to abuse the means of access to other serious crimes and cause secondary damage, and the liability for the crime is serious; there is no change of circumstances that may vary from the judgment of the court below due to the failure to recover from damage and the failure to agree with the victims until the trial at the trial; and all of the sentencing conditions, such as the circumstances leading to the crime of this case, degree of participation, age of the Defendants, character and conduct of the Defendants, environment, and circumstances after the crime, etc., as determined by the court below, comprehensively considering all of the sentencing conditions, such as the circumstances leading to the crime of this case, degree of participation, the age and character of the Defendants, and the circumstances after the crime

3. As such, the appeal by the Defendants and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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