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(영문) 수원지방법원 2018.11.22 2018노5909
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant’s mistake is against himself and the circumstances leading up to the Defendant’s commission of the instant crime, the sentence of the lower court (two years of imprisonment) is too unreasonable.

B. In light of the social harm, etc. of the Prosecutor’s Bohishing crime, the lower court’s punishment against the Defendant is too unhued and unfair.

2. The defendant and the prosecutor's arguments are examined as well;

The defendant played a role in collecting cash for the crime of Bosing fraud, and there is a need to strictly punish the victims due to the occurrence of the damage caused by the crime of Bosing fraud which is committed against many and unspecified persons, and considering the harm such as the expansion of social confidence caused by such crime, and the fact that the sum of the amount that the defendant stolen or stolen exceeds 89 million won due to the crime of this case and the damage of the victims has not been recovered is disadvantageous to the defendant.

On the other hand, the defendant appears to have the attitude of recognizing and opposing his mistake, and it seems that the defendant did not play a leading role in each of the crimes in this case, etc. are favorable to the defendant.

In full view of all the sentencing conditions stated in the arguments in the instant case, including the above circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, method of crime, and circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and it does not seem that the sentence imposed by the Defendant is too heavy, or that it is unfair because it is too too too unfasible.

3. The appeal of this case 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.

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