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(영문) 서울북부지방법원 2017.10.23 2017노1729
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment) is excessively unreasonable.

2. The judgment is the first offender who has no criminal history, the recognition of and reflects on his/her criminal act, the crime against the victim M is limited to attempted crimes, and the victim K does not want the punishment of the defendant is favorable to the defendant.

On the other hand, the crime of this case is not likely to be a crime because the defendant unlawfully uses 76 resident registration numbers for telecommunications financing fraud and takes charge of so-called remittance liability.

Although the so-called Bosing crime, which actually causes damage to an unspecified number of victims in a planned and systematic manner, is serious, its social and economic harm is serious, and it is not easy to arrest the offender. Thus, it is highly necessary to prevent recurrence by strictly punishing all persons who participated in such a Bosing crime, including the content of the criminal performance, the degree of participation, and the degree of the degree of participation, and the size of the criminal proceeds actually acquired.

In addition, taking into account the various circumstances that form the conditions for sentencing as shown in the record, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s sentence is too unreasonable.

3. The Defendant’s appeal is without merit, and thus, is dismissed pursuant to Article 364(4) of the Criminal Procedure Act (Article 267 of the Investigation Records). According to the Defendant’s appeal written on the transaction statement by account (267 pages), the “On June 8, 2017,” “Article 37 subparag. 10 of the Resident Registration Act,” in Article 37 subparag. 10 of the former Resident Registration Act (amended by Act No. 14286, Dec. 2, 2016) of the judgment of the lower court, is clear that the Defendant’s appeal is erroneous, and Article 37 subparag. 10 of the former Resident Registration Act (amended by Act No. 14286, Jun. 9, 2017).

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