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(영문) 서울중앙지방법원 2018.01.26 2017노4570
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal is too unreasonable because the sentence imposed by the defendant (one and half years of imprisonment) is too unreasonable.

2. The judgment shows the attitude of the Defendant to make a confession of all the crimes of this case and to reflect in depth the mistake, and the fact that the Defendant was prosecuted for having participated in one case is favorable to the Defendant.

However, the sentencing of the court below seems to have been achieved by fully considering these favorable circumstances, and there are no special circumstances or changes in circumstances that can be newly considered in the sentencing in the appellate court.

In particular, the so-called Boishing crime, which is systematically and systematically planned for many unspecified victims, is not very good that it impairs the safety and order of trading and public credibility.

These Bophishing crimes are often conducted not only through the participation of subordinate officers such as withdrawal books, money exchange books, remittance books, collection books of bankbooks, delivery books, etc. as well as the total books.

As such, it is not possible to commit a crime without the participation of the subordinate employees above, it is necessary to strictly punish such an act of participation.

The defendant has been punished for the same crime, but he also committed the crime of this case during the period of repeated crime for the same kind of crime.

It was agreed with the victim or did not recover damage caused by the crime of this case.

In full view of these circumstances, considering the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime, and all of the conditions of the sentencing indicated in the instant records and the previous theories, such as the circumstances after the commission of the crime, the lower court’s sentencing cannot be deemed to be unfair due to excessive disregard.

Therefore, the defendant's assertion is not accepted.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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