logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.09.28 2017노777
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence against the Defendants (Defendant A: imprisonment of 2 years and 6 months, Defendant B: imprisonment of 2 years and 2 years) by the lower court is too unreasonable.

B. The Prosecutor’s sentence against the Defendants is too unfortunate and unreasonable.

2. The so-called Bosing crime, such as the instant case, is a crime of deceiving many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and is highly harmful to the victims and society. Defendant A assumes a person who is an employee of the Financial Supervisory Service, and directly assumes money from the victims. Defendant B was under the supervision of Defendant A, and Defendant B received money from Defendant A, and the degree of his participation is not weak.

On the other hand, the defendants led to the confession of all the crimes of this case and reflect their mistakes, the defendant A did not have any record of punishment for the same crime, and the defendant B did not have any record of punishment in the Republic of Korea.

In full view of the aforementioned circumstances and other factors of sentencing as indicated in the pleadings of the instant case, including the Defendants’ age, sex, environment, the process and consequence of the instant crime, the amount of actual benefits, and the circumstances after the instant crime, the lower court’s punishment against the Defendants cannot be deemed to be too heavy or too harsh and unfair, and thus, the respective arguments of sentencing by the Defendants and the Prosecutor are without merit.

3. In conclusion, the appeal by the Defendants and the public prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the Defendants and the public prosecutor is without merit. It is so decided as per Disposition.

arrow