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(영문) 수원지방법원 2014.09.15 2014노3783
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment and of confiscation) by the lower court is too unreasonable.

2. The crime of this case is a serious financial fraud crime committed in a planned and organized manner by making many unspecified persons commit the crime under the so-called Bosing method. The crime of this case is very poor in its nature. Bosing fraud is highly harmful to society since the scope of damage is not only differentiated and neglected, but also structural characteristics are not easy to recover damage. The defendant's cash withdrawal and taking-over of means of access are indispensable for achieving the purpose of the crime of fraud by using computers, etc. through Bosing, and the degree of participation in the crime cannot be deemed to be somewhat weak; damage has not been recovered to the trial; and all kinds of sentencing conditions as shown in the argument of this case, such as the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc. are considered, it cannot be viewed that the punishment of the court below is inappropriate.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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