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(영문) 서울남부지방법원 2018.02.08 2017노2592
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected the mistake.

The defendant is arrested on the day of the crime and has no actual profit from the crime of this case.

The defrauded of victim E was returned to E at the investigation stage.

However, the crime of this case is a systematic and planned crime under the so-called Bosing Act, through which money is obtained from many unspecified victims, and it is difficult to crack down on the crime and there is a great social harm.

The defendant assumes the position of the staff of the Financial Supervisory Service twice as a cash delivery policy, and the degree of participation in the crime is high by deceiving the money directly from the victims.

In addition, even though the crime of this case resulted in damage of KRW 11,08,00 to the victim D, the defendant did not recover the damage or did not agree with D to the trial of the party.

The victims wanted to punish the defendant in the investigative agency.

In full view of all other circumstances, including the age, sex, environment, and circumstances before and after the commission of the crime, the lower court’s punishment is too heavy or unbrupt so that it does not seem unfair, and thus, the allegation that the sentencing of the prosecutor and the Defendant is unfair is without merit.

3. In conclusion, the appeal by the defendant and the prosecutor is without merit. Thus, all appeals by the defendant and the prosecutor are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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