beta
(영문) 의정부지방법원 2018.10.16 2018노1890

사기등

Text

The appeal by the defendant and the prosecutor shall be dismissed, respectively.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendant (a year and six months of imprisonment, confiscation) is too unreasonable.

B. The lower court’s above sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The defendant appears to have the attitude of recognizing and opposing the crime, and the fact that the court below deposited 14 million won for the victim, and that he was ageed is favorable.

On the other hand, this case takes over a physical card used as a means of Bosing, and as to one of them, the defendant directly participated in withdrawing part of the damage by using the physical card, the crime quality is not good, since the role of delivery books or withdrawal books like the defendant is essential in light of the characteristics of Bosing, it is necessary to strictly punish the defendant. The defendant actively contacted several places from October 8, 2017 to March 9, 2018. The defendant used 590,00 won from the fraud amount of damage of this case, and the victim wanted to punish the defendant.

In full view of the above circumstances and all other factors of sentencing as indicated in the instant argument, it cannot be deemed that the lower court’s sentence against the Defendant is too unreasonable or too uneasy, and thus, is unreasonable.

Therefore, we cannot accept all the arguments of the defendant and the prosecutor.

3. In conclusion, each appeal filed by the defendant and the prosecutor is dismissed as it is without merit. It is so decided as per Disposition.