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(영문) 서울남부지방법원 2015.01.23 2014노2089
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Prosecutor’s sentence (Defendant A and B: Imprisonment of one year and ten months, confiscation and confiscation; imprisonment of one year and one year, confiscation and confiscation; imprisonment of one year and one year and three months, and confiscation) declared by the lower court is deemed to be too unfluent and unfair.

B. The sentence imposed by the lower court is too unreasonable.

2. The crime of this case is a crime that is planned and organized against many unspecified persons, and its nature is very poor. The Defendants received cards, etc. necessary for cash withdrawal among the various stages of the Bosing crime, and withdrawn cash and took part in the remittance of the cards, etc., which are disadvantageous to the Defendants.

On the other hand, Defendant B and D have no record of punishment in the Republic of Korea, and Defendant A and C have no record of punishment more than imprisonment with prison labor, and the defendants are aware of all their criminal acts and reflects against them.

In addition to these various circumstances, the sentence imposed by the court below is too weak in light of the sentencing conditions as shown in the arguments in this case, including the degree of damage caused by the act of fraud in this case, the period and frequency of crime, the age of the defendants, character and conduct, and the environment.

It is not likely that it is unfair or uneasible.

3. The conclusion prosecutor and the Defendants’ appeal are without merit, and they are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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