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(영문) 서울중앙지방법원 2015.12.17 2015노3990
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

The seizure of articles 1 through 4, 6 through 9, respectively.

Reasons

1. Summary of grounds for appeal;

A. When considering the various circumstances of the defendant, the sentence of imprisonment (one year and six months of imprisonment and confiscation) of the court below is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible and unreasonable.

2. Each of the instant crimes is a case where the Defendant kept a means of access used for the so-called singinging crime or withdrawn and delivered the amount of damage, and it cannot be deemed that the Defendant’s criminal liability is less than the Defendant’s criminal liability by taking into account the circumstances in which the Defendant took part as a withdrawal of the Bosing organization.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

Until the trial, damage caused by fraud was not recovered.

However, each of the crimes of this case prosecuted is related to the fraud of KRW 1 million and the custody of four bank cards, and the defendant is a domestic first offender, and all of the crimes of this case is led to confession and reflect.

The defendant's direct profit from the crime of this case is minor, and above all, the defendant is a holder of a certificate of disability of class 4 issued by the Chinese Disabled Persons Association, which is considered in the process and motive of participation in the crime, and health conditions, and the role and degree of participation in the whole Bosing organization are insignificant.

In addition, considering the degree of damage to the crime of this case, circumstances after the crime of this case, age, character and conduct of the defendant, and criminal records and arguments, various circumstances that are the conditions of sentencing as shown in the records and arguments are inappropriate.

3. According to the conclusion, the appeal by the defendant is well-grounded and the prosecutor's appeal is groundless, and the judgment of the court below is reversed in accordance with Article 364 (6) of the Criminal Procedure Act, and the following is

Criminal facts

b) the summary of the evidence and evidence.

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