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(영문) 대구지방법원 2019.02.14 2018노4172

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (two years of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The lower court determined that the instant case was considered as a part of the Defendant’s crime of Bosing organization, which caused a large social problem, and that the Defendant was harshly interested in high profit and has a high possibility of criticism by being aware of these circumstances, and that the Defendant directly received and delivered the amount of damages to the victims by citing forged identification cards and documents, etc. by misrepresenting the employees of the Financial Supervisory Service. In light of the relevant criminal law, the crime is very heavy, and the amount of damages is more than 175 million won, and even if the victims suffered considerable economic and mental damage, the damage is not completely recovered despite the victims’ occurrence of considerable economic and mental damage, and the method of its discovery and arrest was made by the organization of Bosing organization, and the method has not been eradicated entirely because it was not easy, and even if it was considered that the Defendant’s actual profit was not much realized than the total amount of damages, considering the inevitable punishment of the Defendant, the Defendant was sentenced to a fine that is more favorable to the Defendant, and the Defendant’s punishment was determined as a crime of this case.

In full view of the fact that there is no change in circumstances to change the sentencing of the lower court, other than the flexible and unsound circumstances taken into account by the lower court, and all other conditions of sentencing, including the Defendant’s age, character and conduct, environment, background leading to the commission of the crime, means and consequence, size of the crime, and circumstances after the crime, the lower court’s judgment of sentencing exceeded or maintains it as it is, the reasonable limit of discretion.