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(영문) 부산지방법원 2015.12.24 2015노3466

사기등

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the gist of the reasons for appeal (two years of imprisonment), the prosecutor asserts that the sentence is too unhued and unreasonable, and the defendant asserts that the punishment is too unreasonable.

2. We examine the judgment and the defendant's arguments together.

The fact that the defendant led to the crime of this case, the victim E and D, the fact that the defendant did not have the same power, etc. is favorable to the defendant, but the so-called "Sishing" crime is closely planned and organized against many and unspecified persons, and there is a serious social harm, and the defendant requires strict punishment. The defendant's participation in the crime of this case, such as inducing I and K to the crime of this case upon the request of "M", and raising I and others to the crime of this case. The degree of participation in the crime of this case is heavy compared to other accomplices, and the sum of the amount of fraud is about KRW 356 million,000,000,000, not agreed with the other victims except the victim E and D, and the court below has already determined the punishment in full consideration of the above circumstances, and there is no change of circumstance that the court below and the punishment of other accomplices are different, the degree of punishment, character and behavior of the defendant, the victim's environment, victims' relationship with the victim, motive, and the result of the crime of this case.

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

3. The appeal by the prosecutor and the defendant is without merit, and each of them is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.