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(영문) 수원지방법원 2017.01.19 2016노7979
사기등
Text

The defendant's appeal and prosecutor's appeal are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) acknowledges and reflects the Defendant’s mistake by defense counsel, and actively participated in each of the instant frauds in accordance with the instructions issued by accomplices who misrepresented the “gradation”, and did not have any profit acquired as consideration for the commission of the instant crime. At the time of each of the instant frauds, the Defendant had to support the two children and the healthy mother, and had the ability to determine due to mental illness, such as depression, etc., and at the time of each of the instant frauds, the Defendant could not have any tobacco while being detained, and the Defendant was prevented from committing the instant crime of violation of the Administration and Treatment of Correctional Institution Inmates Act, and was subject to separate disciplinary punishment. In light of the fact that there was no tobacco in fact, the lower court’s sentence that sentenced one year and six months to imprisonment is too unreasonable.

In light of the fact that each of the instant frauds committed by the prosecutor is a telephone finance fraud crime, which is planned and organized by a large number of organized members, causing a large damage to an unspecified number of victims, and thus, the crime is not good, and that the Defendant plans to make proposals as to the allocation of profit conditions from the telephone finance fraud organization and recommends the Defendant to participate in the transfer to the surrounding people as a means of remittance while working as a means of remittance from the telephone finance fraud organization, the degree of participation in the crime is not less easily. The amount delivered by the Defendant as a means of remittance reaches KRW 95,40,000,000,000,0000 delivered by the Defendant as a means of remittance, and the damage is not recovered, and the Defendant is not seriously against it, the sentence of the court below is unfair.

Judgment

The crime of fraud of this case is organized and planned as a crime of telephone financing fraud, and it is not only good to the quality of the crime, but also has a great social harm in that it can grow up to an unspecified number of victims in a short period, and the defendant is a telephone financing fraud with no name.

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