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(영문) 서울서부지방법원 2014.10.31 2014노1123
사기등
Text

The defendants' appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable as the punishment against the Defendants (one year of imprisonment and one year of confiscation) of the judgment below is unreasonable.

2. The facts that the Defendants recognized the instant crime and reflected, Defendant A’s mother appears to have a social ties, such as submitting a written application for a shot, etc., Defendant A did not have any other criminal record except the punishment imposed once due to driving without license, Defendant B was a primary offender, Defendant A partially paid the victims of the instant fraud and recovered to a certain extent of damage by agreement.

However, the amount of damage caused by the instant crime is a large amount of money that the victim was a large number of unspecified victims, and the amount of money remitted to China is much more than the amount of damage (the amount equivalent to 30 million won for Defendant A, and the amount equivalent to 240 million won for Defendant B). The instant fraud crime constitutes the so-called “Singing,” which constitutes the so-called “Sing,” crime,” and not only is the nature of the crime, but also constitutes a serious crime with the structure of massing a large number of victims, and the crime constitutes a “Sing,” and the crime constitutes a serious crime with the structure of massing a large number of victims. The crime of “Sing,” has practical difficulty in detecting and punishing the victims who planned and directed the crime in China as the date of compromise, and there is a need for strict punishment against the so-called “sing,” which is withdrawn and delivered in Korea, and there is no number of means of access that Defendant A received, and other unfavorable sentencing factors and the record of the instant punishment against the Defendants.

3. As such, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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