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(영문) 인천지방법원 2019.08.30 2019노1896
사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (two years of suspended execution and confiscation in one year of imprisonment, one year of imprisonment, one year and six months of imprisonment, and one year and six months of confiscation) is too unreasonable.

B. The above sentence imposed by the prosecutor by the court below on the defendants is too unfortunate and unfair.

2. The instant crime requires strict punishment in light of social harm and injury, such as undermining the safety and trust of transaction through the Internet.

However, considering the facts that the Defendants recognized the instant crime (the Defendant A also recognized the instant crime when it was the first instance court), all of the Defendants did not have any record of criminal punishment in Korea, the Defendants paid full damages to the actual victim AO Co., Ltd. and the AP Co., Ltd. at the lower court, and agreed to the Defendants, the circumstances favorable to the Defendants are considered. In full view of the circumstances leading to the instant crime, including the circumstances leading up to the instant crime, the frequency of the crimes, the degree of participation in the crime, and the circumstances after the crime, the sentence imposed by the lower court to the Defendants is deemed appropriate, and even considering the circumstances asserted by the Defendants and the Prosecutor as the grounds for appeal, it cannot be deemed unfair because the sentence imposed by the lower court is too heavy or too unreasonable.

3. In conclusion, since all appeals filed by the Defendants and the prosecutor are without merit, they are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

However, pursuant to Article 25(1) of the Rules on Criminal Procedure, the Defendant’s “Defendant” of the crime of the lower judgment as follows: (a) 2nd 16th 17th 17th 1st 3th 1st 3th 3th 3th 3th 8th 1st 6th 6th 18th 6th 18th 6th 6th 18th 6th 6th 6th 6th 18 of the summary of the evidence; and (b) the applicable provisions of the Act on Promotion of Information

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