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(영문) 전주지방법원 2015.09.11 2015노791
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the prosecutor (one year and six months of imprisonment) is too unhued and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is deemed to have been committed by the Defendant in collusion with a person who is not a person with a name in China and acquired money by deceiving the victim as if he acted in good faith through Internet hosting, and the Defendant takes charge of the role of withdrawing the remitted money. Considering that Bosing the fact that Bosing is an important criminal that has caused a significant harm to society by deceiving an unspecified number of money in a systematic and planned manner, and that the cash withdrawal service of the Defendant is essential for the crime of Bosing, and that the degree of the Defendant’s participation is not easy.

However, the court below's punishment is too weak or unreasonable in consideration of all the sentencing conditions specified in the argument of this case, such as the above circumstances and the defendant's age, character and conduct, family environment, etc., in light of the fact that the defendant led to the confession of the crime of this case and the mistake, the amount of damage to the crime of this case is not significant, the defendant's consent is not sufficient to punish the defendant, and the defendant has no record of criminal punishment in Korea. Thus, the prosecutor and the defendant's assertion are without merit.

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