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(영문) 서울남부지방법원 2013.09.05 2013노1090

사기등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for three months.

Reasons

The gist of the grounds for appeal by the Defendants and their defense counsel is that each sentence (the defendant A: the defendant A: the defendant and the defendant B: the defendant B's imprisonment with prison labor for 8 months) declared by the court below is too unreasonable.

Therefore, the crime of fraud through the so-called “Singing” is very poor in the nature of the crime by deceiving a number of victims in a systematic and planned manner and omitting them in a imminent state. The Defendants do not have much degree of involvement in the crime, such as performing their roles according to the role sharing in the fraud through Bosing. In addition, it is very difficult for the leading parties of the fraud through Bosing to arrest them in most of their activities in China, etc., and punish them corresponding to the crime regardless of the continued control and punishment, it is very difficult to punish them in light of the fact that the fraud through Bosing continuously occurred and continuously, and therefore, in order to inform the general public of the serious crime that the fraud through Bosing is more serious, the degree of participation in the fraud through Bosing is much weak than that of the persons who led the participation in the fraud through Bosing, the liability for the transfer of cash, the liability for punishment of the Defendants, even if it appears necessary.

However, the defendants recognized all of the crimes of this case since the investigative agency to this court, and the defendants divided their errors in depth. On April 4, 2013, the Seoul Southern District Court sentenced the defendants A to imprisonment with labor for two years, and the defendant B was sentenced to imprisonment with labor for one year and six months, and the above judgment became final and conclusive on June 27, 2013. All of the crimes of this case can be tried together as crimes before the above judgment becomes final and conclusive.