2017No4570 Fraudulent

A

Defendant

The transfer file (prosecution), gambling, and public trial;

Attorney J (Court-Appointed)

Seoul Central District Court Decision 2017Ma7007 Decided November 30, 2017

January 26, 2018

The defendant's appeal is dismissed.

1. Summary of grounds for appeal;

The punishment sentenced by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

The Defendant appears to have an attitude to make a confession of all the crimes of this case and to reflect the mistake in depth, and the crime committed by the Defendant who was prosecuted as having participated in one case is favorable to the Defendant.

However, the lower court’s sentencing appears to have been achieved by fully considering these favorable circumstances, and there is no change in special circumstances or circumstances that may be considered newly in the appellate court’s sentencing. In particular, the so-called Bosing crime, which is organized, intelligent, and planned for an unspecified number of unspecified victims, is not very good that the crime is likely to undermine the safety and order of trading, and the public good. Such Bosing crime is divided not only into the total liability but also by taking part in the subordinate officers’ participation such as the withdrawal book, money exchange book, remittance book, bond offering book, and delivery book.

Since it is impossible to commit the crime without the participation of the above subordinate employees, there is a great need to strictly punish such an act of participation. The defendant has the record of being punished for the same kind of crime, but he also committed the crime of this case during the period of repeated crime resulting from the same 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, comprehensively considering the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, the lower court’s sentencing cannot be deemed to be excessively unreasonable.

Therefore, the defendant's assertion is not accepted.

3. Conclusion

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

The presiding judge, senior judge, and leather

Judges Kim Gin-han

Judges Hwang Sung-sung