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(영문) 서울남부지방법원 2016.09.23 2016노1043

사기

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment and two years of suspended sentence) is too unfluent and unfair.

2. The instant crime committed by the Defendant by taking part in the so-called Bosing crime in cash delivery liability, and by taking part in the Defendant’s money. Such Bosing crime is very serious harm to society as a result of causing serious damage to an unspecified number of victims in a short period of time, and its role is subdivided and is operated in the form of an organization, so it becomes a serious social problem now because it is difficult for the Defendant to take part in the instant crime to take part in the act of implementation.

Even if a sentence is imposed, it is necessary to punish the sentence.

However, in light of the following: (a) the instant crime was committed only once as the Defendant’s first Bosing phishing crime, and does not seem to have been involved in the additional crime; (b) the payment for the instant crime appears not to have been received; (c) the Defendant paid and agreed to pay 15 million won out of the amount of defraudation of the instant crime; (d) thereby recovering considerable damages from the instant crime; (e) 50 days of confinement life; (e) there was no record of criminal punishment from entry into the Republic of Korea in 201 until committing the instant crime; and (e) other factors of punishment specified in the circumstances after committing the instant crime, comprehensively taking into account the following factors: (a) the Defendant’s age, sex, intelligence, environment, motive, means, and consequence of the instant crime, the sentencing of the lower court cannot be deemed to have exceeded a reasonable discretion.

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