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(영문) 서울서부지방법원 2013.11.19 2013노934
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant B: imprisonment of 2 years and 6 months; imprisonment of 1 year for defendant C; imprisonment of 1 year for defendant D: imprisonment of 1 year and 1 year and 6 months); and

2. The Defendants were all led to the instant crime; Defendant B and D did not have any history of having been sentenced to a fine or heavier punishment; Defendant C did not have any history of criminal punishment since 2002; and the Defendants did not seem to have a significant net profit acquired by the Defendants due to the instant crime, etc. are factors of sentencing favorable to the Defendants.

However, as in the instant case, the crime of Bosing, like the instant case, is committed systematically and systematically against many unspecified persons, and has a structural characteristic that is not easy to recover damage, and thus there is a need to strictly punish the Defendants. Defendant B directly opened a passbook to be used for Bosing crimes in Korea with Defendant B and D after multiple resident registration certificates were forged in China, and the amount of damage caused by the instant crime reaches KRW 266,609,697, etc., the sentence imposed by the lower court is determined within a reasonable sentencing range, in full view of the various factors indicated in the instant argument, such as the following: (a) the Defendant B directly opened a passbook to be used for Bosing crimes in Korea with Defendant B and D; and (b) the amount of damage caused by the instant crime reaches KRW 266

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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