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(영문) 서울동부지방법원 2020.04.09 2020노97
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. As to the summary of the grounds for appeal (one year and six months of imprisonment), the prosecutor asserts that the prosecutor is too unhued and unfair, and the defendant asserts that it is too unreasonable.

2. We also examine the judgment and the Defendant’s assertion of unreasonable sentencing.

As the crime of Bosing fraud, like the instant case, is committed systematically and systematically, and is highly harmful to the society, such as causing damage to unspecified or many citizens, etc., it is necessary to impose strict punishment. The crime of Bosing fraud is often conducted through the participation of subordinate officers, such as inducements, withdrawals, collections, deliverys, transfers, and remittances, and thus there is a great need to strictly punish such an act of taking part in the act of taking part in the crime. There are many victims who committed frauds over several times, and the amount of frauds exceeds KRW 95 million in total, and the damage recovery for victims is disadvantageous.

On the other hand, for the first time in the trial, the Defendant recognized all of the instant crimes and commits a crime against 4 victims during the period of May 27, 2019 and May 30, 2019, and the Defendant committed a crime against 4 victims. The period of the crime is not long, and is not much high, and the Defendant is an initial offender who has no record of criminal punishment, etc. in favor of the Defendant.

In full view of the aforementioned circumstances as well as the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the instant crime, means and consequence of the instant crime, and other circumstances that form the conditions for sentencing as indicated in the instant records and pleadings, it cannot be deemed that the punishment determined by the lower court is too heavy or unreasonable.

Therefore, both the prosecutor and the defendant's argument of unreasonable sentencing is without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit.

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