logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.04.15 2016노232
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

The request of the applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) asserts that the Defendants’ first-class punishment (for the Defendants, one and half years of imprisonment, confiscation, and collection) are so excessive that it is unfair, and the prosecutor asserts that the above punishment against the Defendants is too unfasible and unfair.

2. We examine both the Defendants and the Prosecutor’s unfair argument of sentencing.

The defendants are divided into and against the crime of this case, the victim I, AB, the defendant A had no record of criminal punishment above the same kind of power or suspended execution, the defendant B had no record of criminal punishment in the Republic of Korea as a foreigner, and the defendants had no record of criminal punishment in the Republic of Korea, and the profits acquired by the defendants are not significant.

On the other hand, the crime of this case is not so-called Bosing crime with a very systematic and intelligent nature, and thereby, it is highly harmful to society as a whole, and the Defendants play a role in remitting the Chinese government-orientedization equivalent to the amount obtained by deducting fees and exchange marginal profits from cash delivered from cash withdrawal measures to the Chinese bank account. The degree of participation in the whole crime is not less than that of the defendants, and the damage recovery is not entirely performed, etc. are disadvantageous to the defendants.

In addition to the above circumstances, in full view of the following circumstances, there is no special circumstance or change of circumstances that may newly take into account in sentencing at the trial, and other various circumstances that form the conditions for sentencing, such as the Defendants’ age, sex, environment, family relationship, motive and means of the crime, etc., the first deliberation sentence against the Defendants is deemed appropriate. Therefore, the Defendants and the Prosecutor’s allegation of unfair sentencing is without merit.

3. In conclusion, all appeals filed by the Defendants and the public prosecutor are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as the grounds for appeal are without merit.

arrow