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(영문) 대전지방법원 2017.11.01 2017노2650
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too heavy or unhued so as to be unreasonable;

2. Determination is a favorable condition that the Defendant recognized all of the instant crimes and against the mistake, and that the act of fraud during trading on the Internet was committed in aiding and abetting, and that there was no record of criminal punishment prior to the instant crime.

However, as revealed by the court below, the crime of this case is the so-called " Bosishing" crime, which requires strict punishment for those who participated in the crime due to serious social and economic harm, and the defendant's direct phone call to the victims in China at the office located in China, etc., and the degree of the defendant's participation in the crime of this case is not easy. Even though the amount of the fraud of this case is reasonable, the payment of damages was not made, and there was no agreement with the victims.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, background, means, and consequence of the crime, there are no special changes in circumstances that may determine different from the lower court’s sentencing conditions, such as the records of this case as well as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

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

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