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(영문) 청주지방법원 2017.10.26 2017노1022
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

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

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant confessions each of the crimes of this case, and is divided.

It seems that the defendant did not have economic benefits in return for each of the crimes in this case.

Defendant has no record of punishment for the same kind of crime.

Circumstances unfavorable to the defendant are as follows:

The Defendant received and kept a check card linked to a bank account for the purpose of using it in committing the crime.

The defendant took part in a systematic and planned telephone financial fraud crime, and acquired a total of KRW 11,540,000 from six victims.

It is difficult to view the Defendant as a simple participant by play a role in withdrawing the amount of damage from the above fraud crime.

Defendant has been sentenced to a suspended sentence of imprisonment with prison labor for committing a crime of 2001 and a crime of friend in 201.

In addition, taking into account the Defendant’s age, sex, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant case’s records and arguments, such as the circumstances after the crime, it cannot be said that the lower court’s sentence, which sentenced the Defendant to imprisonment for a period of one year and six months, is too heavy or unreasonable.

All the arguments of the defendant and the prosecutor are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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