사기등
All appeals by the Defendants and the Prosecutor are dismissed.
1. The period for filing an ex officio judgment on Defendant A’s appeal is seven days from the date on which the judgment of the lower court is rendered (Articles 358 and 343 of the Criminal Procedure Act). According to the records, Defendant A was present at the 13th public trial day of May 21, 2018 by the lower court and failed to submit a petition of appeal within seven days from the filing period after the lower judgment was sentenced to the judgment. Meanwhile, the prosecutor appealed against the Defendants on May 25, 2018, and the Defendant A submitted a written reason for appeal accompanied by the prosecutor’s written response to the prosecutor’s appeal to the deputy director of the Seoul Southern District District Court on June 19, 2018, and it can be acknowledged that Defendant A and Defendant A were also dissatisfied with the lower judgment.
According to the above facts of recognition, Defendant A did not file an appeal within the period of appeal, and even if Defendant A filed an appeal to submit the written reason for the above appeal, it is obvious that the appeal was filed after the lapse of the right to appeal due to the lapse of the period of appeal.
On the contrary, the defendant was unable to submit a petition of appeal within the period of appeal without any reason attributable to him/her.
There is no assertion or vindication about the circumstances that can be seen, and there is no reason to ex officio in the record.
2. Defendant B’s appeal and the Prosecutor’s appeal against the Defendants
A. A. A summary of the grounds for appeal 1) Defendant B’s punishment (two years of imprisonment) by the lower court (three years of imprisonment with labor for Defendant A and two years of imprisonment for Defendant B) against the Defendants who were to be prosecutor is too unreasonable and unreasonable.
B. In determining punishment, the lower court considered the following circumstances to be disadvantageous to the Defendants.
The crime of fraud through the act of receiving similar information is highly harmful to society in that it leads a large number of victims in a short period of time to many unspecified persons.
The victims are forced to pay the profits to the elderly victims, and the victims are suffering from considerable damage.