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(영문) 서울중앙지방법원 2018.12.14 2018노1872
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (unfair sentencing) is too unreasonable for the Defendant (a person who has been sentenced to imprisonment in one year and six months, and confiscation of seized articles).

B. The prosecutor (unfair sentencing)’s sentence of the lower court is too unhued and unreasonable.

2. The crime of singishing, which is planned and organized against many and unspecified persons, needs to be punished strictly in that it has great harm to the society. Such crime is committed in the form of a braille, and since the role of subordinate officers, such as so-called withdrawals and remittances, is not essential for the completion of the crime, their criminal liability is not easy, and the Defendant knew that it is used in the act of crime without being bound to keep and deliver access media, and even if he knew that it is used in the act of crime, he was committed to withdraw and remit each of the fraudulent damage of this case using the access media of this case.

However, in light of the circumstances favorable to the Defendant, such as the fact that the Defendant was an initial offender with no criminal history, and the fact that the lower court appears to have made efforts to recover damage, such as reimbursement of partial damage to each of the victims of the instant fraud, agreement, or deposit, etc., the lower court’s punishment is deemed appropriate, and it does not seem that the lower court’s punishment is too heavy or unreasonable, considering all the conditions of the instant sentencing and arguments, including the Defendant’s age, sexual conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal filed 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. It is so decided as per Disposition.

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