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(영문) 광주지방법원 2013.07.26 2013노362

사기등

Text

Defendant

A All appeals filed against the Defendants by the Prosecutor and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment (one year and four months, and confiscation) is too heavy when taking into account the various circumstances against Defendant A.

B. In light of the contents and nature of the instant crime committed by the public prosecutor, the lower court’s sentence against the Defendants (Defendant A: imprisonment of one year and four months, confiscation, Defendant B: imprisonment of eight months, probation, three years of probation, probation, community service, two hundred hours, Defendant C: imprisonment of one year and four months, confiscation, Defendant D; imprisonment of ten months, three years of probation, three years of probation, probation, and three hundred hours of community service) is too minor.

2. We also examine the Defendant A and the Prosecutor’s argument on unreasonable sentencing.

The crime of Bosing is committed against many and unspecified persons in a systematic and planned manner. As the number of crimes is being committed, intelligence and social and economic harm is serious, Defendant A took part in the crime of this case by various methods, such as Defendant B, D, etc. instructions to withdraw the crime, deposit money to the designated account, deposit money to be used for the crime, and receipt of the means of access for electronic financial transactions, etc. The degree of participation is significant. Defendant C was directly contacted with the “AR President” in exchange connected to the “workplace” in China. Defendant C was in de facto in the position of the total liability in relation to withdrawal of money in Korea. Defendant B and D withdrawn money is essential and determined in the completion of the entire crime, and most damage suffered by victims to the trial is not recovered. It is unfavorable to the Defendants.

However, the defendants recognized all of the crimes of this case and reflect their depth, the actual benefits acquired by the defendants seems not to be significant, and the defendants A did not have any record of punishment exceeding fines for the same kind of crime, and the defendants B were first offenders, and the defendants C and D did not have the same kind of criminal records.