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(영문) 부산지방법원 2019.08.23 2019노1588
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. The Defendant, in the appellate trial, is against the recognition of the instant crime.

The defendant did not directly participate in the conduct of the Bophishing crime in China.

However, the crime of this case is a case where the defendant recruited the employees of Bosing and conspired with the employees of Bosing singing singing singing sing sing sing sing sing 6,499,00 won in total by deceiving three victims, and such crime is heavy in light of the circumstances, methods, and scale of damage.

The crime of Bosing fraud is organized, planned, and intelligent, so it is difficult to regulate the crime, and the social and economic harm caused by this is very serious.

In addition, even though the Defendant had been sentenced to a suspended sentence of imprisonment for the crime of Bophishing fraud, he again committed the crime of this case, and did not make any effort to recover damage until the appellate court.

In addition, considering the defendant's age, environment, family relations, motive and consequence of the crime, the means and consequence of the crime, all of the sentencing conditions shown in the arguments in this case, such as the circumstances after the crime, the court below's punishment against the defendant is deemed unfair.

Therefore, the prosecutor's argument of unfair sentencing is justified and the defendant's argument of unfair sentencing is without merit.

3. Since the appeal by the prosecutor of the conclusion is well-grounded, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following decision is

(2) In the event that an appeal by the defendant is groundless, but the original judgment is reversed by the prosecutor's acceptance of the appeal, the appeal by the defendant shall not be dismissed separately from the disposition).

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