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(영문) 인천지방법원 2015.08.18 2015노2085

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unfair because the sentence imposed by the court below against the defendant (one year of imprisonment with prison labor, and confiscation) is too unreasonable.

2. It is recognized that the judgment is based on the fact that the defendant recognized the crime of this case and there is no record of punishment for the same crime, and that the defendant seems not to have any profit directly acquired through the crime of this case.

However, the crime of this case, in which the defendant's participation is planned and organized against many and unspecified persons, is a so-called singing crime, the nature of the crime is bad and highly harmful to society, the total amount of damage caused by the crime of this case exceeds 700 million won, the solicitation of the passbook in charge of the defendant's participation is a crucial role in the success of the Bosing criminal, and the degree of participation is not less than that of the defendant's participation, and there is no particular recovery from damage to the trial. In particular, the "organization fraud (amount to 500 million won or more)" such as this case is defined as the basic area of the sentencing guidelines for a maximum of 4 years by imprisonment with prison labor for a minimum of 4 years, and it can be deemed that there is an aggravated element of punishment. In addition, considering all the sentencing conditions of this case, such as the defendant's age, character and behavior, the circumstances of the crime of this case, and the circumstances after the crime, the circumstances alleged by the defendant shall be considered.

Even if the sentence imposed by the court below is too unreasonable, it is difficult to accept the defendant's argument of unfair sentencing.

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