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(영문) 청주지방법원 2015.12.03 2015노1078
사기
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (one year of imprisonment, confiscation) of the lower court is deemed to be too unhued and unreasonable.

2. The circumstances unfavorable to the defendant are as follows.

The Defendant was in charge of the so-called “singing” fraud, which is planned and organized against many and unspecified persons and which leads to a large number of victims.

In order to eradicate such crimes of telephone financial fraud, such as scam, there is a great need to punish the participation of subordinate staff members such as the defendant.

The conditions favorable to the defendant shall be as follows:

The defendant reflects his wrongness.

The degree of damage caused by each of the crimes in this case is relatively little.

It seems that the defendant did not have much profits from the crime of this case.

In full view of the various circumstances surrounding the above defendant's age, character and conduct, environment, family relationship, motive and circumstance of the crime, and all the sentencing conditions as shown in the records and arguments of this case, it cannot be said that the sentence of the court below is too uneasible and unfair.

We do not accept the prosecutor's assertion.

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

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