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(영문) 서울중앙지방법원 2020.06.02 2019노3865

사기등

Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of one year.

(b).

Reasons

1. Summary of grounds for appeal (unfair sentencing)

A. Defendants: The sentence of the lower court (Defendant A: imprisonment of one year and six months; imprisonment of one year and two months, one year and two years of suspended execution, two years of suspended execution, and two hundred hours) is too unreasonable.

B. Prosecutor: The lower court’s sentence against the Defendants is too unhued and unreasonable.

2. Each of the crimes of this case is deemed to have been committed in a planned and organized manner against many and unspecified persons, and the nature of the crime is heavy (in particular, the role of Defendant A performed is one of the core parts in the process of committing the crime of Bosing, by forging public documents in the name of the Chairperson of the Financial Services Commission, deceiving victims by using them, and transferring them to other accounts). The crimes of Bosing, such as each of the crimes of this case, are highly harmful to society, and are committed in a systematic, planned, and intelligent manner because it is difficult to arrest the entire organization, it is necessary to seriously punish the Defendants even if they participated in only part of the crime, and even if they did not want the fraud of this case, even if they were to have suffered damage from the fraud that the Defendants directly participated, and even if they did not want to fully recover from the crime of this case until the first instance of the crime of this case, they did not want to have been punished against each of the Defendants (or Defendants A). Meanwhile, each of the above Defendants did not want to be punished against each of the above crimes of this case.