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(영문) 서울중앙지방법원 2018.12.14 2018노2924
사기방조
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) of the lower court's punishment (one year of imprisonment and confiscation) is too unreasonable.

The prosecutor's (unfair sentencing) sentence of the lower court is too uncomfortable and unfair.

Judgment

In full view of the following circumstances: (a) the Defendant is making a confession of the entire crime; (b) there is no history of criminal punishment; (c) the Defendant was suspended from paying KRW 10 million remitted by Victim G; and (d) the Defendant was not withdrawn due to the suspension of payment (2018 highest 1576 evidence records 34 pages); (b) the Defendant’s crime aiding and abetting and abetting the Defendant is organized by multiple persons due to so-called so-called so-called phishing fraud; (c) the nature of the crime is not good; and (d) the Defendant’s profits derived from the crime are not much significant (2018 highest 4695 evidence records 186 pages); and other various circumstances that form the conditions for sentencing specified in records and pleadings, the lower court’s punishment against the Defendant is too heavy or unreasonable, and thus, all the arguments by the Defendant and the prosecutor are without merit (the sentencing guidelines is not applicable as it is an aiding and abetting.

The Sentencing Committee, the sentencing guidelines of 2018 and the lower court’s sentencing guidelines of 609 appears to be somewhat weak (7 pages of the grounds for appeal by the prosecutor) in light of the sentencing guidelines. Accordingly, the appeal by the Defendant and the prosecutor is dismissed in entirety in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that there are no grounds for appeal by the Defendant and the prosecutor. It is so decided as per Disposition.

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