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(영문) 대전지방법원 2019.02.01 2018노3305

사기

Text

All appeals by the Defendants are dismissed.

Reasons

1. The main point of the grounds for appeal is that the judgment of the court below (in case of defendant B, nine months of imprisonment, and in case of defendant F, two years of imprisonment) is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the court below, and the sentencing of the court below is not beyond the reasonable scope of discretion, it is desirable to respect it

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There is no change in circumstances in the matters subject to sentencing following the pronouncement of the lower judgment.

Considering the fact that the Defendants actively participated in the Bosing Organization and acquired the amount of damage from many victims, the sentencing of the lower court cannot be said to have exceeded the reasonable scope of discretion, even in light of the circumstances alleged as the grounds for appeal by the Defendants.

The Defendants’ assertion of unfair sentencing is not accepted.

3. The Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.