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(영문) 서울중앙지방법원 2018.09.14 2018노2100
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (two years of imprisonment, confiscation) is too unreasonable.

The prosecutor's (unfair sentencing) sentence of the lower court is too uncomfortable and unfair.

Sentencing Sentencing [Scope of Guidelines in Law] 15 years or less of 15 years of imprisonment: Offenses of the Electronic Financial Transactions Act that are committed against each type 1 (less than KRW 100 million) of systematic fraud among the fraud group: The crime of violation of the Sentencing is not established although the Sentencing is not applicable. [The scope of punishment recommended] Where a person subject to simple participation is either for an unspecified or large number of victims or repeatedly commits a crime for a considerable period of time: fraud: From 1 year and 6 months to 3 years [Application of Multiple Guidelines] (limited by many kinds of crimes] [limited by the applicable sentencing guidelines], and from 1 year and 6 months to 15 years to 15 years, the defendant's entire confessions against the crime, there is no previous conviction or plan to commit the crime, while the defendant did not take the lead or direction to commit the crime, the court below's assertion that the defendant was not subject to so-called illegal punishment by taking into account various circumstances that the defendant was found to have been found to have been found to have been engaged in so-called criminal acts.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the appeal by the defendant and the prosecutor is without merit. It is so decided as per Disposition.

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