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(영문) 대전지방법원 2015.12.16 2015노2785
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of imprisonment (six years of imprisonment) imposed by the court below against the defendant is too unreasonable.

B. The prosecutor (unfair form of punishment)’s sentence imposed by the court below against the defendant is too uneasible and unfair.

2. We examine both the Defendant and prosecutor’s assertion of unreasonable sentencing.

The fact that the defendant confessions the crime of this case and reflects his mistake, there is no record of being punished for the same crime, and that there is no record of being sentenced to suspended sentence or heavier punishment for the crime of this case is favorable to the defendant.

On the other hand, the fact that the defendant took part in the Bosing organization and acquired a large amount of money against 553 victims during a long period of time, and takes charge of the core role in managing the staff and distributing profits as the team leader of the Bosing organization, and the so-called Bosing Fraud fraud crime is not only organized and planned, but also committed mainly against the financial and social weak, and thereby, massing many victims within the nation, resulting in many victims and members of the society, making many victims and the members of the society dissurcing the state agencies or financial institutions, etc., and as a result, has a serious adverse effect on the trust relationship of the society as a result, the nature of the crime is very poor, and the possibility of social criticism is also high, the damage has not been recovered, and the escape from the investigative agency for a long time abroad is disadvantageous to the defendant.

In addition to the above circumstances and the circumstances leading to the instant crime, there is no change in circumstances to determine the sentence different from the original judgment in light of the following circumstances, including the circumstances leading to the instant crime, the circumstances after the commission of the crime, the age of the accused, character and conduct, family relationship, environment, occupation, etc., and the sentence of other accomplices who have already been sentenced.

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