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(영문) 서울중앙지방법원 2018.04.12 2018노268
사기
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and six months, confiscation, etc.) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The crime of this case was committed by acquiring money from an unspecified number of unspecified persons after forming a systematic role with accomplices, and the nature of the crime is not good, and the amount of money acquired is not more than 150 million won in total, and the damage is not recovered at all. Meanwhile, the defendants are all acknowledged and are in a profound proportion to the crime, and the defendants are not only the person who planned or led the crime but also the person who was simply involved in the crime, and there is no record of criminal punishment in Korea, and there is no change in circumstances or circumstances favorable and unfavorable to the defendants, and there is no change in circumstances that are newly considered in sentencing after the sentence of the judgment of the court below. In full view of all the sentencing conditions stated in the records of this case, including the defendant's age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., it cannot be deemed that the punishment imposed by the court below is reasonable, and it is too heavy or unreasonable because it is too heavy.

3. Conclusion, the appeal by the Defendants and the public prosecutor is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

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