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(영문) 서울중앙지방법원 2015.12.17 2015노4045
사기등
Text

Of the judgment of the first instance, the part against Defendant A and the second judgment shall be reversed.

Defendant

A shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment against the Defendants (one year of imprisonment with prison labor for the Defendants AB, three years of imprisonment with prison labor for the Defendants AB, one year and six months of imprisonment with prison labor for the first instance court, and one year of imprisonment with prison labor for the second instance court) is too unreasonable.

B. The second sentence against Defendant A of the Prosecutor is too unhued and unreasonable.

2. Determination

A. Before deciding on the grounds for appeal by Defendant A and the prosecutor, prior to the judgment on the ex officio judgment of Defendant A and the prosecutor, the court of first instance and the court of second instance decided to concurrently examine the case of appeal by the judgment of the court of second instance. Since each crime of the judgment of the court below is in a concurrent relationship with Defendant A under the former part of Article 37 of the Criminal Act, each crime of the judgment of the court below should be punished as a single sentence within the scope of the term of punishment aggravated for concurrent crimes pursuant to Article 38(1) of the Criminal Act, since the part against Defendant A and the second judgment of the court of

B. Defendant AB and AC’s decision on the appeal by Defendant AB and AC reflects their mistake in depth, the degree of participation is insignificant, and the benefits derived from the instant crime are variabled to be insignificant. However, the instant crime is the case where the said Defendants participated in the so-called Bosing Criminal Organization and collected the means of access used for the crime and withdrawn the amount of damage. As such, the degree of the said Defendants’ participation in the solicitation of the withdrawal account of the entire Bosing Criminal Organization cannot be deemed to be minor.

In addition, the number of the defendants' participation in the crime is very large and the amount of damage is also enormous.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

In addition, the above Defendants did not make any effort to recover from damage to the trial.

These circumstances and others.

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