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(영문) 대구지방법원 2018.06.01 2018노1054
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (three years of imprisonment) is too unreasonable.

2. A favorable circumstance is that the Defendant recognized the instant facts charged and reflected the instant facts charged, the fact that the Defendant was unable to recover the money that he acquired through Bosing, and that the amount of damage to the defrauded H and J is not a relatively large amount of money.

However, the crime of Bosing is a crime that induces many and unspecified victims in a systematic and professional manner, and there is a great need for strict punishment in order to eradicate the harm that may cause to the victims' individual and society, and the amount of deception is a total of KRW 35 million,000,000,000. The defendant actively participated in the crime of licensing by first calling at the organization of Bosing, etc. under the circumstances where he was sentenced to imprisonment with prison labor for six months on September 6, 2016, under the circumstances where he had the record of being sentenced to imprisonment for the same crime, he again committed the crime of this case on September 6, 2016, and again committed the crime of this case by taking into account the defendant's age, sex, criminal behavior, environment, family relationship, motive, means and consequence of the crime, the circumstances after the crime, etc., even if considering that the defendant's 20 major discretion has been exceeded, the court below's judgment of sentencing is proper and reasonable.

There are no circumstances such as evaluation or maintenance of it is deemed unfair.

Therefore, since the sentence imposed by the court below is too unreasonable, the defendant's assertion is without merit.

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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