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(영문) 서울중앙지방법원 2018.11.01 2018노2479

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The lower court rejected the Defendant’s respective application for compensation D and E, and pursuant to Article 32(4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, the applicant for compensation was unable to file an objection against the judgment dismissing the application for compensation. Therefore, the part dismissing the said application for compensation became final and conclusive immediately.

Therefore, among the judgment below, the dismissal of the above application for compensation is excluded from the scope of adjudication of this court.

2. In light of the gist of the grounds for appeal (unfair sentencing) in light of the various circumstances of the instant case, the sentence imposed by the lower court against the Defendant (two years of imprisonment) is too unreasonable.

3. We examine the judgment, and there are favorable circumstances such as the fact that the defendant recognized the crime of this case and against his mistake, that the defendant was the primary offender, that the mother of the defendant paid 3.5 million won to the victim D and 2 million won to the victim M in order to pay damages at the court below, and that the victim M paid additional 1.5 million won to the victim M in the first instance and reached an agreement with the victim M.

However, the crime related to Bosing is a systematic intelligent crime that is committed closely against many and unspecified persons, and the social harm is so high that the crime is very poor, the damage caused by such crime is spreading, and the damage has a structural characteristic that is not easy to recover from the damage. Therefore, it is necessary to strictly punish the crime. Even though the defendant fully recognizes that his act is related to Bosing, it is highly likely that he was involved in the crime of this case by taking charge of the so-called "passing" for the purpose of acquiring the amount equivalent to 1 through 3% of the money acquired through fraud, and that he was aware that he was involved in the crime of this case. Furthermore, the defendant is aware of the fact that he was aware that he was involved in the crime of this case.