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(영문) 인천지방법원 2017.07.13 2017노1865
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. As to the summary of the grounds for appeal (unfair sentencing) by the lower court, the Defendant asserts that the Defendant is too unafford, and that the prosecutor is too unafford and unfair.

2. The circumstances favorable to the Defendant include: (a) the Defendant did not have any history of criminal punishment; and (b) the recognition of and reflects on the instant crime when the Defendant was in the first instance; and (c) the fact that the injured party did not want to punish the Defendant by mutual agreement with the victim in the first instance.

On the other hand, the so-called " Bosishing" crime, which takes money of the victim under the Electronic Financial Fraud Act, takes charge of not only the so-called " Bosishing" crime, which takes place not only systematically, systematically, systematically, intelligent, and in a short period, but also takes charge of the "collection and delivery" that collects the money from domestic withdrawal measures to transfer it to China by operating it in the form of an organization, which is not easy to detect and arrest the criminal. It has a serious adverse effect on the trust relationship with the whole society, thereby causing a great anxiety for the good people's lives. The Bosishing crime takes place in business by taking part not only in the total liability but also in the participation of subordinate officers, such as withdrawal measures, remittance measures, collection measures, and delivery measures. The defendant takes charge of the role of the defendant in the whole Bosishing crime.

The fact that it is difficult to see is disadvantageous to the defendant.

The following circumstances and the defendant's age, sexual conduct, environment, motive, means and consequence of the crime, various sentencing conditions shown in the arguments in the instant case, such as the circumstances after the crime, and the scope of recommended punishment according to the sentencing guidelines established by the Supreme Court Sentencing Committee (the type of decision) [the amount less than KRW 100 million] type 1 (the person subject to special sentencing] (the reduction of punishment), / Where a crime is committed against many unspecified or unspecified victims (aggravating punishment) (the amount of punishment recommended).

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