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(영문) 서울서부지방법원 2017.11.30 2017노1218
사기등
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 (ten months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too uneasible 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. It is highly harmful to the victims and society. The Defendant’s participation in the crime of Bosing constitutes the custody and withdrawal of the physical card of the deposit account of money of fraud, which is essential for the crime of Bosing, and the degree of participation is not easy.

On the other hand, the fact that the defendant's age has yet to be maintained, that is the first offender, and that the victim has repaid the amount of damage is favorable to the defendant.

In full view of the above circumstances and other factors of sentencing, such as the character and conduct of the defendant, the environment, the process and consequence of the crime of this case, the proceeds of the crime committed by the defendant, the amount of money obtained by the defendant, the number of access media in which the defendant has been delivered and stored, and the circumstances after the crime, etc., the court below's punishment is too appropriate and too heavy or too heavy, and thus, it cannot be deemed unfair. Thus, each of the unfair arguments of sentencing

3. In conclusion, since the appeal by the defendant and the prosecutor is without merit, 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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