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(영문) 대전지방법원 2013.11.07 2013노1753
사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The sentence of the lower court (exemption from punishment) is too unhued and unreasonable.

Judgment

The crime of this case is acknowledged to have facilitate the crime by withdrawing the source of fraud through the so-called Bophishing fraud, and the quality of the crime is not weak. Meanwhile, the defendant confessions and reflects the crime of this case. The crime of this case is related to each crime for which judgment has become final and the latter concurrent crimes of Article 37 of the Criminal Act as stated in the first head of the crime in the judgment below, and is in the relationship between each crime of this case and the crime of this case under Article 39(1) of the Criminal Act. The crime of aiding and abetting fraud among each crime for which the above judgment has become final and conclusive is a type similar to the crime of this case, and the frequency of the crime of this case is merely one time, even if the judgment was rendered at the same time, it is deemed that the sentence of the above judgment has not been changed. In full view of all the sentencing conditions such as the age, character and nature of the defendant, environment, and circumstances after the crime, etc., the prosecutor's assertion is without merit.

In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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