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(영문) 의정부지방법원 2016.11.15 2016노2533

사기

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year of imprisonment, confiscation) is too unreasonable.

B. The lower court’s sentence is too uneasible and unreasonable.

2. Determination

A. It is recognized that the crime of Bophishing in this case is organized by many persons in advance, sharing their roles, and then taking part in the crime of this case as an organized crime committed against many unspecified persons, which has great harm to society, and the defendant took part in the crime of this case as an interim transmission liability. In light of its role, it is recognized that the degree of participation cannot be deemed that the amount of fraud in this case exceeds 40 million won, and that the amount of the fraud in this case exceeds 40 million won, and that the damage recovery was not made at all.

B. However, in full view of various circumstances, such as the Defendant’s age, details of the crime, and circumstances after the crime of this case, the lower court’s punishment is too weak or unreasonable, in so doing, comprehensively taking account of the following: (a) the Defendant is making confession of and against the instant crime; (b) the Defendant has no actual benefit from the crime of this case; (c) the Defendant has no criminal power over the suspension of execution or above; and (d) the Defendant’s age, details of the crime;

C. Therefore, the above assertion by the Defendant and the prosecutor is without merit.

3. In conclusion, 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. It is so decided as per Disposition.