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(영문) 서울남부지방법원 2017.08.18 2017노852
컴퓨터등사용사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too heavy (one year and six months of imprisonment) or too heavy (the defendant) and it is too unhued (the prosecutor).

2. Considering the circumstances that the Defendant paid additional money (20 million won) and agreed with the victim in the judgment of the court below, the lower court’s crime of Boscam and the so-called “ Boscaming,” such as the instant crime, on the grounds of sentencing, is not only organized, planned, and intelligent against many unspecified victims, but also need to severely punish the lower participants, and the social and economic harm thereby is also serious, and the role of the Defendant’s performance is light of the degree of participation as a means of delivering the money by deception.

In full view of the fact that the damage amount in this case was returned at the investigation stage and was already reflected in the sentencing of the court below, the sentence imposed by the court below on the defendant is deemed appropriate, and is too heavy or unreasonable because it is too heavy, and thus, the defendant and the prosecutor's assertion are without merit.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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