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(영문) 서울서부지방법원 2017.10.12 2017노920
사기
Text

All appeals by the defendant and the 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 is too uneased and unreasonable.

2. The so-called Bosing crime, such as the instant case, is a crime of deceiving many and unspecified victims in a systematic and professional manner by sharing the roles of a large number of people, and is highly harmful to the victims and society, and the Defendant assumes a false employee of the Financial Supervisory Service, and received money directly from the victims, etc., which are disadvantageous to the Defendant.

On the other hand, the fact that the defendant confessions all of the crimes of this case and reflects his mistake, in the case of the 2017 senior group 795 senior group, the arrest at the scene of the crime and the actual damage did not occur, and the fact that there was no record of criminal punishment in Korea is favorable to the defendant.

In full view of various sentencing conditions shown in the arguments in the instant case, such as the above circumstances and the Defendant’s age, sexual conduct, environment, the process and consequence of the instant crime, the circumstances after the crime, etc., the lower court’s punishment cannot be deemed to be too heavy, too heavy, or unreasonable since it is too low. Therefore, each of the unfair sentencing arguments by the Defendant and the Prosecutor are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal filed by the defendant and the prosecutor is without merit. It is so decided as per Disposition by the court below (Article 347(1) of the Criminal Procedure Act on the grounds that "Article 347(1) of the Criminal Procedure Act is a clerical error of "Article 347(1) and Article 30 of the Criminal Procedure Act" in the application of the law of the court below on the grounds that "Article 347(1) and Article 25(1) of the Rules on the Criminal Procedure is obvious."

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