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(영문) 서울서부지방법원 2014.04.03 2014노61
사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The decision of the court below against the defendants in summary of the grounds for appeal (the defendant A: 10 months of imprisonment, and the defendant B: 1 year and 6 months of imprisonment) is too unreasonable.

2. Although there is no particular criminal conviction against the Defendants, and there is a favorable circumstance for the Defendants, such as the fact that Defendant A made a confession of a crime without any particular criminal conviction, and that part of the amount of damage was deposited by the Defendant A for some victims, the amount of damage is relatively large and most of the damage has not been recovered. A crime involving massing a large number of unspecified victims, such as the instant case, is not likely to cause serious social harm while it is difficult to detect it, and thus, there is a need to restrain the occurrence of similar additional crimes by punishing the participants who are discovered, and in full view of all other circumstances that form the conditions for sentencing as indicated in the records, such as the character and conduct, environment, motive, means and consequence of the crime, etc. of the Defendants, it cannot be said that the

3. In conclusion, the Defendants’ appeal is without merit, and it is so decided as per Disposition in accordance with Article 364(4) of the Criminal Procedure Act.

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