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(영문) 서울동부지방법원 2020.12.17 2020노1338
사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal asserts that the original court’s punishment (two years and six months of imprisonment) is too unreasonable, and the prosecutor asserts that the original court’s punishment is too uneased and unreasonable.

2. The fact that the judgment of the defendant recognized the crime of this case and reflects it, and that the criminal proceeds acquired by the defendant are not many, is favorable to the defendant.

On the other hand, the crime of this case is a situation unfavorable to the defendant, such as the fact that the defendant involved in the Bosing crime and played a role of cash collection liability by misrepresenting the employees of financial institutions, etc., and that there is no good quality of the crime, that the victim is 12 persons and the amount of fraud is about 29,570,000 won, and that there is no recovery from damage to the victims, and that there is a history of punishment for the same crime.

In addition, comprehensively taking account of the grounds for sentencing indicated in the arguments and records of the instant case, the lower court appears to have been reasonably determined by fully considering all the circumstances, including the various grounds for sentencing asserted by the Defendant and the Prosecutor, and there is no special circumstance to ex post facto change the sentencing.

3. As such, the appeal 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.

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