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(영문) 서울중앙지방법원 2019.02.14 2018노3782

사기등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The defendant asserts that the summary of the grounds for appeal is unfair because the punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable, and the prosecutor asserts that the above punishment is too uneasible and unfair.

2. The crime of Bophishing fraud consists of a wide range of people's lives under a thorough plan, and is intelligent and multi-nationalized.

It is relatively high that it is necessary to achieve the general preventive effect of punishment with strict punishment for the crime of Bosing which has a great harmful impact on society.

The Defendant, by itself, was incorporated into the organization of the Bophishing crime, and even according to the Defendant’s assertion, clearly perceived that the Defendant committed the crimes of Bophishing, and performed the role of entering the Republic of Korea for the renewal of the visa, again departing from the Republic of Korea and receiving instructions.

As the defendant's assertion, the defendant took part in the crime without any inevitable threat.

It does not seem that the continuation of the crime is not likely to have been prevented by escape at risk of danger or danger.

Considering these circumstances, the sentence imposed by the court below is significantly important.

However, taking into account the fact that the defendant had no criminal record against him/her, and considering the circumstance that the defendant was found to have committed the crime in the course of his/her trial, and the victim's damage was recovered as a result, as well as the circumstances that form the conditions for the argument and the sentencing indicated in the record of this case, it is difficult to deem that the sentence imposed by the court below exceeded the reasonable limit of discretion.

3. 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.