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(영문) 서울중앙지방법원 2015.09.17 2015노2895
사기등
Text

The defendant's appeal is dismissed.

Reasons

The Defendant asserts that, on the grounds of the instant appeal, the lower court’s punishment against the Defendant (one year and six months of imprisonment) is too unreasonable.

In this regard, it is recognized that the defendant is against the mistake of the defendant, and that the defendant is domestic first offender.

However, each of the crimes of this case is the case where the defendant recruited or attempted to withdraw the amount of damage by collecting the means of access used for the so-called Bosing crime, and the degree of the defendant's participation as a whole as the withdrawal of the whole Bosing organization cannot be deemed to be minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

In addition, the defendant has no effort to recover from damage until the trial of the court.

In addition, the sentencing guidelines for systematic fraud for unspecified victims, the motive for the crime of this case, the circumstances after the crime, the defendant's age, character and conduct, and the record of punishment, etc. do not change compared to the original judgment. In full view of all the above circumstances, the sentencing of the lower court is too unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to appeal.

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