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(영문) 인천지방법원 2019.06.21 2019노516
사기방조등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment, ten months of imprisonment, and confiscation) is too unreasonable.

B. The Prosecutor’s sentence (one year and ten months of imprisonment, confiscation) of the lower court is too unhued and unreasonable.

2. The crime of Bosing fraud, etc. aided and abetted by the defendant consists of a non-discriminatory act against an unspecified or large number of victims, and the social harm therefrom is very serious. Thus, even if part of the crime was involved, it is necessary to strictly punish the defendant. The defendant actively participated in the crime by introducing persons on the top line of Bosing Organization, etc. The fact that the liability for the crime is grave, etc. is considered disadvantageous to the defendant, and there is no past record of criminal punishment exceeding the previous and fine. The defendant has agreed with three victims in the first instance trial, and agreed with three victims in the first instance trial, taking into account the circumstances favorable to the defendant, and it is difficult to view that the defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc. are too heavy, or it goes beyond the reasonable scope of discretion, by taking account of various circumstances that form the conditions for sentencing as specified in the records and arguments of this case and the arguments of this case.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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