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(영문) 서울북부지방법원 2018.07.27 2018노913
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment [the punishment of the lower court (one year of imprisonment with prison labor for each of the crimes listed in (1) and (2) of the crimes listed in the attached Table No. 1 in the judgment, and one year of imprisonment with prison labor for each of the crimes listed in the attached Table No. 2 in the judgment, and two years of imprisonment with prison labor for each of the remaining crimes] is too unreasonable.

2. There are circumstances such as the crime of violation of the Electronic Financial Transactions Act and the crime of violation of the latter part of Article 37 of the Criminal Act where judgment became final and conclusive and the crime of violation of the latter part of the crime of concurrent crimes, the equity between the defendant and the crime of this case should be considered at the same time. However, the crime of this case is a so-called " Bosishing" in which many unspecified victims play a role in accordance with a thorough plan, and which is systematically and professionally obtained money from an unspecified number of victims, and the crime of this case is committed by taking full account of the following circumstances: (a) not only the total liability, but also the withdrawal books, exchange books, remittance books, solicitation books, credit card delivery books, etc.; and (b) there is a need to strictly punish subordinate officers' participation in the crime of this case; (c) the defendant was investigated by an investigative agency for the crime of prior conviction, but the defendant continued to take over a large number of card for the purpose of using it, and (d) the defendant's new motive or change of the amount of damage after the crime of this case.

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