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(영문) 수원지방법원 2013.07.10 2013노2376
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of this case is that the crime of this case is the so-called Bosing method by acquiring the victims' money or transferring a means of access that can be used for Bosing to a person with no name. It is not good that the crime of this case is committed in light of the systematic, planned, and intelligent aspects. The crime of Bosing is highly harmful to society as a serious crime with a major structure of massing a large number of victims. The defendant cannot be said to be less and less that the degree of participation by participating in the act of cash withdrawal and delivery necessary for the crime of Bosing and its delivery, and that the damage of the victims is not recovered.

On the other hand, the fact that the defendant was committed by committing the crime of this case and was able to be tried together with the crime of this case which became final and conclusive is favorable to the defendant.

In full view of the circumstances as seen earlier, the Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is adequate and too heavy or unreasonable, and thus, each of the aforementioned arguments by the Defendant and the prosecutor cannot be accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor 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.

However, pursuant to Article 25 of the Regulation on Criminal Procedure, the applicable column of the judgment of the court below

1. The phrase “Articles 347(1) and 30(Fraud) of the Criminal Act” under applicable law for criminal facts is “Article 347(1) and 30(Fraud) of the Criminal Act.”

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