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(영문) 의정부지방법원 2016.09.06 2016노1910
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for six months and confiscation) of the lower court is too unreasonable.

2. Determination

A. It is recognized that the defendant confessions the crime of this case and reflects the defendant.

B. However, the Defendant took part in the Defendant’s cash withdrawal liability for the instant crime by taking into account various circumstances, including the Defendant’s age, background, and circumstances after the commission of the Defendant’s criminal act, which led to significant harm to society, and the Defendant took part in the instant crime. In light of its role, it cannot be deemed that the degree of participation is minor; the amount of damage caused by the instant crime is a large amount of KRW 27 million; the Defendant did not agree with the victim; the Defendant did not have to recover damage; the Defendant did not agree with the victim; the Defendant had the history of punishment for the crime of fraud two times; the Defendant had the history of punishment for the crime of fraud under the Electronic Financial Transactions Act; and other various circumstances, which are the conditions for sentencing as set forth in the pleadings of the instant case, including the Defendant’s age, circumstances after the commission of the crime, etc., even if the Defendant’s favorable circumstances were considered earlier, it cannot be deemed that the Defendant’s punishment is too unreasonable.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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