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(영문) 서울중앙지방법원 2018.09.13 2018노1362
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment and three years of suspended sentence) is deemed to be too uneasy and unfair.

2. The need for strict punishment is recognized on the following grounds: (a) the crime of Bosing is organized and planned; and (b) the social harm is very high, such as causing damage to unspecified or many citizens.

The defendant received a document file under the name of the Chairperson from an accomplice in the name of the Financial Services Commission, printed out it, and received the money by presenting the above document as if he was an employee of the Financial Supervisory Service, and delivered it to another accomplice.

However, on the other hand, the defendant has no record of criminal punishment.

The victims have paid the full amount of damages and agreed with the victims.

There is a profound reflection on his mistake.

In addition, in full view of various circumstances, including the Defendant’s age, sex, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., as well as the sentencing conditions indicated in the present pleading and the record, it is not recognized that the sentence imposed by the lower court is too uneasible and unfair.

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

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