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(영문) 서울서부지방법원 2016.01.28 2015노1602
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (one year of imprisonment) is too heavy.

B. The Prosecutor’s sentence is too minor.

2. The fact that the defendant recognized all of the crimes and reflected, that is the primary offender, and that the court below deposited KRW 300,000 for the U.S. for the purpose of U.S. following the agreement with the victim X andY at the court below is the sentencing factors favorable to the defendant.

However, the criminal conduct in which the defendant participated is organized, planned, intelligent, and economically weak socially weak as the main target of the crime. In addition, it is not easy for the victims to recover from damage after the nature of the crime committed closely with the organization, and most of the victims and members of society who are charged with the above crime are not able to recover from damage after the crime, and as a result, it is highly high possibility of serious adverse effects on the trust relationship in the whole society, so there is a need to eradicate the harm through a strict punishment. In particular, the defendant served as a counselor at the call center, which can be said to be the most important part of the criminal conduct for about three months, is an unfavorable sentencing factor against the defendant.

In addition, taking into account all the factors of sentencing as prescribed by Article 51 of the Criminal Act, such as the Defendant’s age, sexual conduct, motive of the crime, and circumstances after the crime, it cannot be said that the sentence of the lower court is too heavy or unreasonable.

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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