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부산지방법원 2017.10.27 2017노3014

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Chapters 1, 7, and 10, respectively.


1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. It is recognized that: (a) the Defendant and the Prosecutor’s respective arguments on the sentencing together with each other; (b) the Defendant repented his mistake; (c) the Defendant violated the Road Traffic Act (d) around 2011; and (d) there was no particular criminal history other than sentenced to a fine of KRW 2 million; and (d) the sum of the cash and checks seized KRW 279.10,000,000,000,000

However, the crime of " Bosing" is a major crime committed against the economically and socially weak, causing more difficult situations to the victims by taking advantage of their poor addresses, causing severe damage to the trust of the State agencies, financial institutions, etc. of the general society as well as the direct victims, and causing social harm to the society. The crime of " Bosing" which appeared in Korea before a long time is not eradicated despite the media promotion and the intensive control and punishment of judicial agencies, and is character and behavior as the crime of " Bosing" is not eradicated, and it is because there is a person participating in the crime of " Bosing" as the defendant. The defendant plays the role of directly delivering the borrowed account to a third party by receiving the deposited money from the lender to the employees of the lending institution. The defendant is in charge of the aforementioned role in the entire crime.

It can not be seen that the amount of fraud is total of KRW 84 million, the damage was not recovered most, and it was not agreed with the victims, the degree of the defendant's participation, the defendant's age, sexual conduct, environment, motive, means and consequence of each of the crimes of this case, and the circumstances after the crime.