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(영문) 의정부지방법원 2016.09.20 2016노1955

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment, confiscation) is too unreasonable.

2. Determination

A. It is recognized that the Defendant led to the instant crime and is against the nature of the Defendant, the primary offender, and the amount of damage recovered.

B. However, the instant Bosing crime is an organized crime committed against many unspecified victims after having planned to do so closely in advance, sharing their roles, which has great harm to society, and the Defendant took part in the instant crime as a liability for withdrawal of cash, and the Defendant received instructions from the members of the Bosing Organization to divide cash using another person’s personal information, and deposited KRW 2.2 million in several hundred and twenty million won over a hundreds of money. In light of its role, the degree of participation is somewhat weak.

In full view of the facts that cannot be seen, and other circumstances that form the conditions for sentencing specified in the instant pleadings, such as the Defendant’s age, background, and circumstances after the commission of the crime, the lower court’s punishment is too unreasonable, even if considering the favorable circumstances of the Defendant as seen earlier.

Therefore, the defendant's above assertion is without merit.

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