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(영문) 서울북부지방법원 2016.05.20 2016노390
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court is too unreasonable.

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

2. After the judgment of the court below, there is an agreement that the defendant paid 300,000 won to the victim.

However, the Defendant was subject to two times or more as a violation of the Electronic Financial Transactions Act, which transferred access media, and was subject to suspension of indictment on the same day on the same day on around October 2013, and even after being sentenced to two years of suspended sentence on the grounds of other fraudulent crimes, the Defendant committed the same type of the instant Bosing Fraud and the transfer of access media again after being sentenced to two years of suspended sentence on the grounds of other fraudulent crimes.

As a typically organized crime, social harm is serious, and it is difficult to eradicate participants as it is difficult to detect participants, and if a person who participated in the crime is discovered, the responsibility should be strictly asked to prevent another person from attempting to commit the crime.

In addition, considering the overall circumstances asserted by the Defendant and the Prosecutor on the grounds of appeal, the lower court’s punishment is heavy or unreasonable, even if it is deemed that the circumstances alleged by the Defendant and the Prosecutor are deemed unreasonable.

Therefore, we cannot accept the argument that the sentencing of the defendant and the prosecutor is unfair.

3. If so, all appeals filed by the defendant and the prosecutor pursuant to Article 364(4) of the Criminal Procedure Act are dismissed. It is so decided as per Disposition.

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