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(영문) 서울서부지방법원 2014.02.04 2013노1281
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy;

2. The following facts are the factors of sentencing favorable to the Defendant: (a) the Defendant has led to the confession of all the instant crimes; (b) the Defendant has no record of punishment heavier than the suspended sentence; and (c) the Defendant’s net profit acquired by the instant crime is not deemed to have

However, as in this case, the crime of Bosing, like the crime of this case, is committed systematically and systematically against many and unspecified persons, which has a large amount of damage to many unspecified victims in a short period, and has structural characteristics that are not easy to recover damage, and there is a need to strictly punish them because they have a serious adverse impact on the trust relationship with respect to the entire financial system. The amount of damage caused by the crime of this case exceeds 40 million won, and the amount of recommendation according to the sentencing guidelines of the Supreme Court exceeds 40 million won, and the scope of recommendation according to the sentencing guidelines of the Supreme Court is 10 million won or more, and less than 50 million won (special sentencing). The mitigation factor is 10 million won or more, and 50 million won (special sentencing). It is judged that the punishment imposed by the court below is within the proper sentencing range in full view of various sentencing conditions shown in the argument of this case, including imprisonment 2 to 5 years.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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