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(영문) 서울중앙지방법원 2017.08.17 2017노1313
공문서위조등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. The sentence imposed by the court below on both appeals is too heavy or too minor.

2. The Defendants participated in the phishing crime.

Defendant

During that process, A assumes a false employee of the Financial Supervisory Service, and took part in an intermediate cash book by using forged and falsified documents of the Financial Supervisory Service, and Defendant B took part in the transfer of money from Defendant A to China.

The method of crime is intelligent and planned.

Defendant

The amount of damage caused by the A's crime is not small, but is not agreed with the victims.

However, the Defendants recognized all the crimes of this case and are against the law.

Defendant

A has no previous convictions and fines exceeding that of the same kind, and Defendant B has no previous convictions in Korea.

Defendant

A cooperates in the investigation process.

In addition, in full view of all the sentencing conditions shown in the records of this case, such as the age, sex, environment, and circumstances before and after the commission of the crime, the sentence imposed by the court below on the Defendants is appropriate.

Therefore, the defendants and the prosecutor's argument of sentencing is without merit.

3. Conclusion, the appeal by the Defendants and the prosecutor is dismissed in entirety on the grounds that the appeal is without merit.

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