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(영문) 서울중앙지방법원 2018.08.23 2018노1605
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal by the Defendants and the Prosecutor is that the Defendants were so unfair that they were sentenced to punishment by the lower court (one and half years of imprisonment each year and six months) against the Defendants, and that the prosecutor, rather than the said punishment, was unfair as it is too unhued.

2. The organized crime of this case committed by the Defendants is not very good because it impairs the essence of credit card transactions and disturbs sound order in distribution.

In addition, since the number of crimes of international criminal organizations against one Korean citizen continues to increase, damage caused by such increase has been serious on the day.

In addition to these circumstances, the lower court’s punishment against the Defendants is reasonable in light of the following factors: (a) the Defendants shared the role in the instant crime; (b) the method of the commission of the crime; (c) the consequence of the crime; (d) the Defendants’ age, sexual conduct; and (e) the environment; and (e) the circumstances after the crime.

3. Therefore, since the appeal by the Defendants and the appeal by the public prosecutor against the Defendants is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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