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(영문) 서울서부지방법원 2015.11.20 2015노1318

사기등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to the defendant (one year and eight months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The circumstances favorable to the Defendant include the fact that the Defendant’s judgment reflects his mistake, and that the Defendant agreed to both the victims of the instant fraud in the trial.

However, the crime of Bosing Fraud and Electronic Financial Transaction Act is organized and planned, as well as the Act on the Acceptance of the Crimes, mainly against the ordinary people, and thus, massing many victims within the nation. As a result, many victims and members of the society are in a bad influence on the trust relationship in the whole society, and as a result, the crime is extremely poor. The defendant seems not to be easy to take part in the crime in the position of ordering other accomplices to withdraw cash, but the defendant avoided implied and liability from the investigative agency; the defendant committed the crime of drinking driving in this case even though he had been punished twice due to drinking driving, in consideration of the circumstances at the disadvantage of the defendant and other circumstances, such as the defendant's age, character, character, environment, family relationship, circumstance of the crime of this case, circumstance of the crime of this case, etc., the punishment of the court below imposed by the defendant is deemed to be appropriate, too heavy or too unfair.

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