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(영문) 서울서부지방법원 2017.03.16 2017노114
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Regarding the summary of the grounds for appeal and the judgment of the court below (a year and June, and confiscation), the defendant asserts that it is too unreasonable for the defendant to go too much so long as it is unfair, and the prosecutor asserts that it is too unfeasible and unfair for the prosecutor.

The crime of Bosing, such as the crime of this case, is committed in a planned and organized manner for many and unspecified persons, and thus has great social harm and illegality, and the defendant easily participated in the crime without any specific awareness with the intent to punish money, and did not contribute to the collection and delivery of the money obtained from the victims.

However, if we consider the factors of sentencing favorable to the argument, such as the Defendant’s age, sex, home environment, and circumstances after the crime, the sentence of the lower court is deemed appropriate, and is too heavy or too harsh, and it cannot be deemed unfair because it is too harsh, if we consider it as well. The Defendant’s confession and reflect all the crimes of this case, the Defendant did not have any criminal history, and the Defendant agreed with the victim about fraud, and the attempted fraud did not actually cause any actual damage by committing the crime.

2. The appeal filed by the Defendant and the prosecutor in conclusion is without merit, and is dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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