logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.03.16 2017노41
사기방조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The sentence imposed by the court below (one year of imprisonment) is too heavy or frightened (the defendant) to the summary of the grounds for appeal.

2. We also examine the argument of the Defendant and the Prosecutor.

The circumstances are favorable to the defendant, such as the fact that the defendant paid the victims of the crime of fraud in full with the total amount of 3,290,000 won, and the victims do not want to be punished against the defendant, that the defendant has no record of punishment for the same crime, and that the gains acquired by the defendant are not significant due to the crime of this case.

However, the criminal conduct of Bosing fraud consists of a planned and organized conduct against many unspecified persons, which has a significant social and economic impact, and the Defendant’s act of withdrawing and remitting cash through a series of communication with other accomplices is an essential element for the completion of the entire criminal act.

It is not possible to do so, and the fact that the defendant was aware of the phishing crime and was involved in the crime, and that he attempted to participate in several times or other crimes even thereafter is disadvantageous to the defendant.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, the process, motive, means, and consequence of the crime, the circumstances after the crime, and the risk of recidivism, etc., the sentence imposed by the lower court is deemed appropriate, and it is not recognized that the sentence imposed by the Defendant is too heavy or unreasonable.

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

3. The appeal filed by the Defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

arrow