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(영문) 청주지방법원 2016.04.28 2016노149
사기방조
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Circumstances favorable to the defendant are as follows.

The Defendant is against the Defendant’s confession of the facts constituting the instant crime.

There is no substantial benefit acquired by the defendant through the criminal act of Bosing.

While the defendant was suffering from economic difficulties, he seems to have caused the crime of this case.

Circumstances unfavorable to the defendant are as follows:

On April 10, 2014, the Defendant was sentenced to imprisonment with prison labor for one year for a violation of the Road Traffic Act, and committed the instant crime during the period of suspended execution.

The Defendant, in committing so-called “singing” fraud, which is planned and organized against many and unspecified persons and is booming a large number of victims, committed an act of actively withdrawing money without being limited to allowing them to use his account.

In order to eradicate such a “scaming” or any other fraudulent crime, there is a great need to punish an act of participation as the defendant.

Victim's damage has not been recovered.

In addition, considering the Defendant’s age, sex, motive and background, means and consequence of the commission of the crime, circumstances after the commission of the crime, and all of the sentencing conditions indicated in the instant arguments and records, such as criminal records, the lower court’s punishment is too unreasonable or too uneasible and unfair.

All the arguments of the defendant and the prosecutor 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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