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(영문) 서울중앙지방법원 2015.07.16 2015노1984
사기등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant asserts that, on the grounds of the instant appeal, the lower court’s imprisonment (one year of imprisonment) against the Defendant is too unreasonable.

It is recognized that the defendant was the first offender in Korea, and each of the crimes of this case, which was prosecuted, was committed for a period of one day, and that the amount of damage and the defendant's direct profits were not realized.

However, this case is a case in which the defendant tried to withdraw the amount of damage by taking the means of access used in so-called voiceing crimes. Even if the period of participation is shorter and the number of times of fraud are not many, it cannot be said that the degree of the defendant's participation as a whole is minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

In full view of such circumstances as well as the motive for committing the instant crime, the circumstances after the commission of the instant crime, and all other circumstances that form the conditions for sentencing as indicated in the record, including the Defendant’s age, career, character and conduct, family environment, the lower court’s sentence against the Defendant is too unreasonable.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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