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(영문) 수원지방법원 2018.11.14 2018노5703

사기방조등

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and four months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable for the following reasons: (a) the Defendant participated in the instant crime as an aiding and abetting the instant crime; (b) his mistake is divided and reflected; (c) the Defendant does not commit a second offense; and (d) the need for medical treatment for a branch soldier.

However, the Defendant remitted approximately KRW 135 million to accomplices as a cash deposit account for the crime of Bosing fraud. In light of the method of the crime and the amount of damage, the nature of the crime is not good, the victims have not been recovered, the victims have been sentenced to a suspended sentence of imprisonment due to fraud, the circumstances already favorable to the Defendant in the lower court appear to have been considered, and there is no change in special circumstances or circumstances that may be considered for new sentencing after the sentence of the lower judgment. In full view of all the sentencing conditions of the instant case, such as the Defendant’s age, sexual behavior, environment, circumstances and consequence of the instant crime, and the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable. Thus, the Defendant and the prosecutor’s above assertion are without merit.

3. In conclusion, all appeals filed by the defendant and the prosecutor are without merit. Thus, all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.