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(영문) 서울중앙지방법원 2015.07.16 2015노1982
사기
Text

All appeals by the Defendants are dismissed.

Reasons

The Defendants asserted that, on the grounds of the instant appeal, the lower court’s punishment against the Defendants (three years of imprisonment with prison labor for Defendant A, and one year and six months of imprisonment for Defendant B) is too unreasonable.

However, it is recognized that the defendants were the first offender, and that the actual profits acquired by the crime of this case are not much than the amount of damage.

However, in this case, the defendants participated in the so-called Bosing crime as a liability for cash delivery, and the role of the entire Bosing organization cannot be deemed minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

In addition, the Defendants’ victims due to the instant crime are many victims, and the amount of damage exceeds KRW 160,000,000,000, and there is no recovery from damage up to the trial.

In full view of all such circumstances and the motive for committing the instant crime, the circumstances after the commission of the instant crime, and other circumstances that are conditions for sentencing as indicated in the record, including the Defendants’ age, career, character and conduct, and family environment, the lower court’s punishment against the Defendants is too unreasonable.

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.

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