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(영문) 울산지방법원 2020.07.24 2020노470
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year, four months of imprisonment and confiscation) against the Defendant is too unreasonable.

B. The lower court’s sentence against the Defendant by the Prosecutor is too unhued and unreasonable.

2. The judgment is based on the fact that the defendant all recognized the crime of this case and took the attitude of reflecting it, and that the defendant has no criminal power exceeding the same kind of power and the suspended execution is favorable to the defendant.

However, the defendant received the money by deception from victims because the crime of Bosing was committed systematically and systematically against many unspecified victims and the social harm that causes a large amount of damage to many unspecified persons is a serious crime, and the defendant committed the crime as if he were an employee of a bank, etc. or conducted the business on behalf of employees. The defendant cannot be deemed to have been involved in the crime, and the damage was not recovered even though the amount of damage was a considerable amount, etc., are disadvantageous to the defendant. In full view of all the sentencing conditions in the arguments of this case, such as the defendant's age, character and behavior, environment, and circumstances after the crime, etc., the court below's punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

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

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