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(영문) 서울서부지방법원 2016.04.28 2016노143
사기
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 and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (one year and six months of imprisonment) of the lower court is too unhued and unreasonable.

2. The instant crime is the so-called Bosing phishing crime, which is highly likely to cause severe social harm, and the Defendant’s participation in the instant crime, such as taking the role as a counselor at the call center, is not easy, and the damage recovery was not properly conducted.

On the other hand, the defendant is led to confession and reflect, and there is no criminal conviction against the defendant, and the actual amount of profit acquired by the defendant is not considered to be large.

As above, comprehensively taking account of the Defendant’s age, career, sex, family relation, circumstances leading to the instant crime, and the period of participation in the crime, etc. in circumstances unfavorable or favorable to the Defendant, as seen above, the sentence of the lower court’s judgment is deemed appropriate. Therefore, each of the allegation in sentencing by the Defendant and the Prosecutor is without merit.

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

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