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(영문) 울산지방법원 2020.06.19 2020노341
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year and six months of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. As to the grounds for appeal, the Defendant’s failure to repeat the crime by reflecting his mistake; the period during which the Defendant participated in the criminal act of Bosing is relatively short; the Defendant’s direct profit derived from the instant crime is relatively small; and the Defendant has no criminal power exceeding the same kind of power or fine, which is favorable to the Defendant.

On the other hand, the crime of Bosing is committed on a systematic and systematic basis against many unspecified victims, and is highly harmful to society that causes a large number of damages, and requires strict punishment. The Defendant actively participated in the crime, such as receiving the money by defraudation by committing the act as if the victim was an employee of a financial company, and remitting it to a designated account. The fact that the amount of damage caused by the crime of this case is large amount and the amount of damage has not been recovered, and that the victims want to punish the defendant is disadvantageous to the defendant.

In addition, comprehensively taking account of the Defendant’s age, character and conduct, environment, and circumstances after the crime, etc., the lower court’s punishment cannot be deemed excessively heavy or unreasonable.

Therefore, the defendant and prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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