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(영문) 수원지방법원 2014.12.22 2014노6396
사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year and two months.

Defendant No. 1 of the seized evidence.

Reasons

1. The summary of the grounds for appeal (one year and six months for each of the defendants) is too unreasonable.

2. The crime of this case is a serious financial fraud crime committed in a planned and organized manner by making many unspecified persons commit the crime under the so-called Bosing method, and its nature is very poor, and the Defendants’ act of cash withdrawal and remittance is indispensable to achieve the purpose of the crime through Bosing and thus the degree of participation in the crime cannot be deemed to be negligible. Therefore, a strict punishment against the Defendants is inevitable. However, the Defendants’ act is in depth divided, and the Defendants deposited KRW 2,40,000 for four victims at the trial. The Defendants deposited KRW 2,40,000 in total for four victims, without the power in Korea, the period and frequency of the crime, profits acquired by the crime, age, character and conduct of the Defendants, circumstances after the crime, etc., it is recognized that the court below’s punishment is somewhat unreasonable, taking into account all the sentencing conditions indicated in the records and arguments of this case, including the records and arguments of this case.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendants' appeal is based on the following reasoning.

Criminal facts

The summary of the facts charged and the summary of the evidence recognized by the court are the same as the corresponding columns of the judgment of the court below, and thus, they are quoted in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning criminal facts and the choice of punishment;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Confiscation of articles under Article 48 (1) 1 of the Criminal Act (limited to articles not belonging to a person other than the criminal, among articles provided or intended to be provided for the crime of this case);

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