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(영문) 수원지방법원 2019.11.28 2019노2886
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

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

2. We examine the reasoning of the judgment and the prosecutor together.

The crime of this case is committed by the defendant who assumes the position of staff of the Financial Supervisory Service as a cash collection measure of the Bosing criminal organization, and by deceiving the victims several times, and the nature of the crime is very poor in light of the methods and contents of the crime, and the victim has reached 10 persons, and the amount of damage has exceeded 98 million won, and so the crime liability is very heavy. The crime of Bosing is very heavy. The crime of Bosing is committed closely and systematically, and it is difficult to regulate the scope of damage because it is difficult to control it, and it is not easy to recover the damage, but it is very important to strictly punish it because the social harm is very high. The defendant cannot find any trace of efforts made by the defendant for the recovery of damage.

On the other hand, the fact that the defendant led to the crime of this case and reflects the depth of his mistake, and that the defendant has no record of criminal punishment is favorable.

In full view of the aforementioned circumstances and the equity of sentencing with cases of the same or similar nature as above, as well as the age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the lower court’s punishment is too heavy as alleged by the Defendant, or it cannot be deemed unfair because it is too unreasonable as it is alleged by the prosecutor.

Therefore, the defendant and the prosecutor's above assertion are not accepted.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, 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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