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(영문) 서울북부지방법원 2015.08.28 2015노938
사기
Text

Defendant

A All appeals filed by Defendant A and Prosecutor are dismissed.

Part V of the judgment of the court below is "....."

Reasons

1. The main prosecutor of the grounds for appeal: the lower court’s sentence against the Defendants is too unfasible and unreasonable.

Defendants: the lower court’s sentence against the Defendants is too unreasonable.

Defendant A: Imprisonment with prison labor for 2 years and 2 years; one year;

2. Determination

A. The judgment of Defendant A was examined, and it is not determined that the lower court’s punishment is too minor or unreasonable in light of various sentencing conditions shown in the arguments, including the following circumstances, including the age, character and conduct, and home environment of Defendant A.

Therefore, both parties' arguments are not accepted.

A person who is under way: A person who has no effort to attract accomplicess, or recover damage, and the necessity of strict punishment for telecommunications-based financial fraud crimes; A confession by the defendant, or there is no power to commit domestic crimes.

Defendant

With respect to the appropriateness of the sentencing of the court below as to Defendant B’s determination as to the appropriateness of the sentencing of the court below, it may be considered that Defendant B led to a crime, and that Defendant B did not obtain substantial profits from the crime. However, in advance, he did not prepare for the crime together with his accomplices, and conducted the crime by taking the whole face into consideration, including the mother and child and Masck, and the so-called Boscam, there is a national agreement that the crime should be punished for telecommunications-based financial fraud, so-called Boscaming, and other various conditions of sentencing as shown in the arguments, such as the Defendant’s age, character and conduct, and home environment, the sentence of the court below seems to be uneas

Therefore, we accept the prosecutor's argument and accept the defendant B's argument.

3. Thus, the part of the judgment of the court below against Defendant A is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and the part of the judgment of the court below which clearly states clerical error is correct pursuant to Article 25 of the Rules on Criminal Procedure, and the prosecutor on the remainder of the conviction except for the compensation order among the part against Defendant B.

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