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(영문) 서울중앙지방법원 2019.07.18 2019노1173
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (long-term one year and six months, short-term one year, and confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The crime of scaming, on a systematic basis, by acquiring money from an unspecified number of unspecified persons, is being carried out pro rataly through the participation of subordinate officers, such as withdrawal books, collection books, and remittance books, and thus there is a considerable need to strictly punish such an act of participation. The Defendant is not obligated to commit the crime, such as collecting money directly from the victim several times after entering the Republic of Korea for the crime of this case, and remitting money excluding fees, to the account instructed by the victim.

However, comprehensively taking account of the following factors: (a) the Defendant still experienced economic difficulties and caused the instant crime as a minor; (b) there is a family member to support Malaysia; (c) there is no other penalty force in Korea; and (d) the Defendant’s character, conduct, environment, health condition; (b) circumstances leading to the instant crime; and (c) the circumstances after the commission of the crime, etc., the lower court’s punishment cannot be deemed to be excessively heavy or unhued and beyond the scope of discretion.

3. Conclusion, the appeal filed by the Defendant and the Prosecutor is dismissed for all reasons.

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