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(영문) 대전지방법원 2018.02.21 2017노3548
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (one year and six months of imprisonment) is too heavy or unhued so as to be unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant crime and reflects the fact that there was no record of punishment in the Republic of Korea, the benefits acquired from the instant crime appears to be relatively large, and that there was an agreement with two of the four victims.

However, the crime of this case is a so-called " Bosishing" crime that takes money from victims systematically and systematically, and is a serious personal and social harm. Therefore, it is necessary to strictly punish the persons involved in the crime. The role of the defendant's "collection measures" is an essential role in the realization of the crime of Bosishing. Thus, the degree of the defendant's participation in the crime is not easy, the amount of damage is a large amount exceeding 74 million won, and there is no agreement with the two victims.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are without merit.

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.

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