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(영문) 서울북부지방법원 2016.09.02 2016노1198
사기미수
Text

The defendant's appeal is dismissed.

Reasons

1. The penalty (one hundred months of imprisonment and confiscation) sentenced by the original court which has been sentenced to the summary of the reasons for appeal is too unreasonable; and

2. The defendant's failure to withdraw the money remitted from the victims seems to have no substantial damage to the victims.

However, in light of the fact that the crime related to Bosing is a crime that helps a large number of unspecified victims in a systematic manner by sharing the roles of a large number of people, and that social harm is significant, the defendant served as a liability for withdrawal of cash that is essential in the crime, and that the head of the Tong who already transferred the head of the Tong was suspended from indictment on May 12, 2015 due to the violation of the Electronic Financial Transactions Act, even though he had the record of being used for the crime of Bosing, the court’s sentencing appears to be within the reasonable scope of its discretion, and there is no change in the sentencing conditions that may be newly considered in the trial.

Therefore, it is not recognized that the sentence imposed by the court of original judgment is too unreasonable because it is too large.

3. As such, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

(However, it is clear that "7,50,000 won" in the 11th sentence of the facts constituting a crime in the judgment below is erroneous, and thus, it shall be corrected ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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