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(영문) 서울중앙지방법원 2019.03.28 2018노3952
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant (a year of imprisonment and confiscation of seized articles) of the court below is too unreasonable.

B. The lower court’s sentence is too uneased and unreasonable.

2. The crime of Bosing fraud, which is planned and organized against many and unspecified persons, needs to be strictly punished in that there is a great harm to the society, and such crime is committed in the form of a braille, and the role of subordinate officers, such as so-called withdrawals, remittances, and large immunity, is not only essential for the completion of the crime, but also makes it difficult to detect high-level officers. In addition, the defendant bears a strict responsibility for lower-ranking officers. Furthermore, the defendant shows a forged official document, while receiving cash directly from the victims who misleads the defendant as employees of the relevant agency, and then remitting the remainder of money excluding money in the name of commission, etc., to the defendant.

However, the defendant is an initial offender with no criminal history, and the court below made efforts to recover damage, such as reimbursement of part of the victims of the fraud of this case and agreement, etc. at the court below is a favorable condition for the defendant. In full view of all the conditions of sentencing as shown in the records and arguments of this case including the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, circumstances after the crime, etc., the court below's punishment is deemed appropriate, and it is not deemed unfair or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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