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(영문) 서울서부지방법원 2018.03.22 2017노1753
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (three years of imprisonment) is too unreasonable.

B. Although the scope of the Defendant’s responsibility is unclear in light of the Defendant’s role, the lower court rendered a compensation order.

2. Determination

A. The Defendant is the primary offender, and the attitude of recognizing and opposing all the instant crimes appears to be favorable to the Defendant. However, the so-called Bosing-related crimes, such as the instant case, are organized and intelligent crimes closely committed against many unspecified persons, and the nature of such crimes is very poor, and the damage from such crimes is significantly spreading, and the damage therefrom is not easy to recover from the damage, and the Defendant directly assumes the position of employees of the Financial Supervisory Service; the Defendant assumes the position of the employee of the Financial Supervisory Service; the degree of his/her participation; the gains accrued from the crime is significant; the number of the crimes is large, the sum of the amount of the amount of the fraud, and the damage was entirely not recovered; and the punishment of the lower court is not deemed to be unfair in full view of various sentencing conditions.

B. The Defendant’s role sharing in organized crimes does not affect the scope of tort liability against the victim, and thus does not constitute a case where compensation order cannot be issued because the scope of liability is unclear.

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

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