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(영문) 대구지방법원 2019.01.10 2018노3976
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (the defendant A: imprisonment of 2 years and 6 months, confiscation, defendant B: imprisonment of 2 years and 2 months, confiscation) sentenced by the court below to the defendants is too unfasible and unfair.

B. Each sentence sentenced by the court below to the Defendants is too unreasonable.

2. We examine both the judgment prosecutor and the Defendants’ respective arguments on unreasonable sentencing.

The court below held that Defendant A performed the most important role in comparison with Defendant B or F, and the degree of participation is relatively more severe; Defendant A did not recover damages even though the total amount acquired by the Defendant was higher than 192 million won, Defendant did not properly perform the suspension of execution of imprisonment due to the same criminal act; Defendant is the time of the crime of this case instead of denying his status as the total amount of domestic withdrawal organization; Defendant actually acquired profit is less than the total amount of damage; Defendant returned money acquired by the electronic financial fraud criminal organization to an investigative agency after committing his own crime; Defendant B performed the role of withdrawing and delivering or depositing the amount of money acquired by the electronic financial fraud criminal organization; Defendant B took into account the fact that the total amount acquired by the Defendant was less than the total amount of damage; Defendant B took into account the fact that the total amount acquired by the Defendant was less than the total amount of damage; Defendant’s participation in the crime of this case; Defendant B took into account the fact that it was relatively less favorable for the realization of criminal proceeds; Defendant’s participation in the crime of this case and did not recover the entire amount of profit.

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