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(영문) 수원지방법원 2017.01.13 2016노7978
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant: The sentence of the lower court (Confiscation of August, No. 3, 4, 6, and 10) is too unreasonable.

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

2. In the case of fraud against the victim L, the fact that the victim is punished for the defendant, and the transfer of electronic financial transaction access media can be abused as a means of other crimes, which is disadvantageous to the victim.

However, there are more favorable circumstances, such as the fact that the sum of frauds does not exceed 6 million won, the fact that the amount of frauds against victim E is recovered, the fact that the frauds against the crime, the fact that there is no criminal record of the violation of the Electronic Financial Transactions Act, and there is no criminal record exceeding the fine.

In addition, taking into account the motive and background of the crime, the circumstances after the crime, the defendant's age, sexual conduct, environment, etc., and all the sentencing conditions as shown in the theory of changes, it cannot be deemed that the sentence of the court below is too heavy or too unreasonable.

Therefore, the defendant and the prosecutor's argument of sentencing is without merit.

3. 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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