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(영문) 수원지방법원 2014.11.17 2014노5519
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and two months of imprisonment) is too unreasonable.

2. The crime of this case is a serious financial fraud crime committed in a planned and organized manner by making many unspecified persons commit the crime under the so-called Bosing method. The crime of this case is very poor in its nature. Bosing fraud is highly harmful to society since the scope of damage is not only differentiated and neglected, but also structural characteristics are not easy to recover damage. The defendant's cash withdrawal and taking-over of means of access are indispensable for accomplishing the purpose of the crime of fraud by using computers, etc., so the degree of participation in the crime of this case cannot be deemed to be less and less. The damage caused by the crime of this case has not been completely recovered until the trial of the trial of the trial of the court, and all kinds of sentencing conditions presented in the argument of this case including the defendant's previous record, age, character and conduct, environment, motive and circumstance leading to the crime of this case, etc. are considered.

Even if the lower court’s punishment is unreasonable, it cannot be deemed that the sentence is unreasonable.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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