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(영문) 수원지방법원 2016.09.08 2016노4480

사기

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the following: (a) the Defendant and the defense counsel recognized a mistake and against the Defendant; (b) the Defendant was working as a stable player and was under a heart surgery; and (c) the health of the player was not good; and (d) the money received in return for the instant crime was merely 1.8 million won in an economic difficult situation; and (c) the lower court’s sentence that sentenced six months of imprisonment is too unreasonable.

B. In light of the fact that the crime of this case by the public prosecutor was committed by the Defendant as the withdrawal of the Bosing Organization and delivery of a total of KRW 3,584,00,000 to the delivery book, and that the crime of Bosing in which the Defendant participated requires to be punished significantly due to the extreme harmful effects of the relevant social economy, it is unreasonable for the lower court’s punishment to be too unreasonable.

2. The crime of this case, as the withdrawal of the Defendant’s Bosing Organization, has a power of receiving a fine of KRW 2 million from the Suwon District Court on September 11, 2013 to withdraw a total of KRW 3584,00,000 from the Defendant, and to deliver it to the above organization’s delivery ; the crime of this case has not been recovered from damage to the Defendant’s trial; the crime of Bosing is a planned and organized crime that has been closely prepared for a large number of unspecified victims in advance; the scope of damage is differentiated and neglected; and in light of the characteristics of the crime and the current investigation conditions, it is necessary to punish the participants even if the personal gains are not significant; the Defendant received a fine of KRW 2 million from the Suwon District Court on September 11, 2013 to the crime of Electronic Financial Transactions Act; on the other hand, the Defendant has recognized the Defendant’s wrong recognition; the Defendant has yet to go against the Defendant’s health and health conditions after the heart operation; and other circumstances leading to the crime of this case.