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(영문) 서울서부지방법원 2016.03.25 2016노40
사기
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 (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (two years of imprisonment) is too unhued and unreasonable.

2. In light of the fact that social harm caused by the so-called “singing” fraud, such as the instant case, is high in need of strict scrutiny, and that the degree of participation by the Defendant in the commission of the criminal act is minor in light of the role of the Defendant in the criminal act.

Comprehensively taking into account all the sentencing conditions shown in the argument of this case, including the fact that it is difficult to see and that there is a little amount of damage, the defendant agreed with some victims in the trial of this case.

Even if it is judged that the sentence of the court below is appropriate.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeal filed by the defendant and the prosecutor are without merit.

On the other hand, among the summary column of the case in the annexed Form 3 year of the judgment below, "180,400,000 won" in the summary column of the case in the annexed Form 3 year of the judgment below is apparent to be a clerical error of "150,000,000 won", and it shall be corrected to "150,000 won" in accordance with Article 25 of the

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