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(영문) 서울서부지방법원 2017.09.07 2017노813
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year and ten months) is too unreasonable.

2. We examine the judgment, and the fact that the defendant confessions all of the crimes of this case and reflects his mistake, and the fact that the profit acquired by the defendant was merely a part of the total amount of the crime of this case, which is favorable to the defendant.

However, as in the instant case, the so-called Bosing crime, like the instant case, is a crime that induces many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and is highly harmful to the victims and society, and the Defendant took part in the Bosing crime without any awareness of any particular crime in order to punish money easily during the period of repeated crime, and is in charge of withdrawing the victims' damages or distributing them to several other accounts in the name of another person, and the degree of such participation is not easy, and the degree of such participation is not less than 10,70,000 won, and the damage is not recovered from the victims of the instant case, and there is no change in circumstances that can be considered favorable to the defendant in the appellate trial, and there is no other change in circumstances that can be considered in favor of the defendant in the appellate trial, and it is not recognized that the sentence of the lower court is too unfair because it is too unreasonable since the Defendant’s assertion is not justified.

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

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