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(영문) 수원지방법원 2017.09.14 2017노5178
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, confiscation) is too unreasonable.

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

2. We also examine the arguments of the Defendant and the Prosecutor.

The fact that the defendant recognized all of the crimes of this case, the past record of criminal punishment in Korea is not confirmed, the defendant's witness's arrest by the citizen at the scene did not cause actual damage to the victim, and the victim's punishment is not imposed solely by the agreement with the victim and the victim's punishment is not imposed, and the defendant's human beings including university professors who are in school wanting to take the lead of the defendant, etc. are favorable to the defendant.

Meanwhile, the crime of this case is a so-called " Bosing," which is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and it is inevitable to severely punish subordinate participants such as collection and delivery measures because the social harm of the crime is very high, and the Defendant actively participated in the crime of this case by misrepresenting the staff of the Financial Supervisory Service, etc., which is disadvantageous to the Defendant.

As above, in full view of the factors of sentencing as seen in the records and arguments of this case, such as the Defendant’s favorable and unfavorable circumstances, the Defendant’s age, sex, environment, family relationship, motive and circumstance of the crime, etc., and the circumstances after the crime, the lower court’s punishment was too heavy or it exceeded the discretionary scope.

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

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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