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(영문) 서울남부지방법원 2015.11.13 2015노610
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal by the defendant is too unreasonable in light of the circumstances such as the fact that the defendant is against himself, the crime of this case is concurrent crimes under the latter part of Article 37 of the Criminal Act, and the amount of profit acquired by the defendant is merely 1.5% of the amount of fraud.

In light of the circumstances alleged by the Defendant, the following facts are considered: ① the case is a so-called Bosing crime, which is committed by a multiple number of persons in a systematic and planned manner; ② the Defendant is a Korean-general responsibility which takes charge of collecting the so-called Bosing passbook, etc. and withdrawing the amount obtained by taking advantage of it and remitting it to the upper co-offenders, and the role in the instant crime is not small; ③ the amount obtained by the Defendant does not have to make efforts to pay damages to the name of KRW 20,000,00; ④ other circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and circumstances after the crime, etc., are considered, and the punishment imposed by the lower court is appropriate, and it is not unreasonable to deem it to be excessively unreasonable.

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

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