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(영문) 서울서부지방법원 2018.08.23 2018노758
사기등
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

Defendant

A Evidence of seizure from A.

Reasons

1. The gist of the grounds for appeal is that the Defendants filed each appeal on the grounds that the lower court’s punishment is too unfasible and unfair, on the grounds that the Defendants were so unfased as to be sentenced to punishment (one year of imprisonment, confiscation) of the lower court.

2. The Defendants’ crime of this case is so-called Bosing method that an unspecified number of people can be committed, and the Defendants’ crime of serious financial fraud committed systematically and systematically, and the crime of storage of access media is very poor, and social harm is considerably high.

Defendant

A is the responsibility of collecting a presidential passbook or a e-mail card, and Defendant B is the responsibility of withdrawal and remittance, and the degree of the Defendants’ participation is less than that of the others.

shall not be effective.

However, Defendant A was the time of committing the instant crime in the first instance trial, and Defendant B was the time of committing the instant crime from the lower court to the time of committing the instant crime, and the Defendants were currently divided into their own mistakes.

Defendants have no criminal history. They are first offenders with no criminal history.

The amount obtained by the defendants from victims shall not be less than 3,480,000 won in total.

Defendant

A agreed with the victim Z at the core of the case, and the defendant B transferred KRW 700,00 to the victim Z at the original trial, remitted KRW 3 million to the victim F, and in the case of the party, he additionally remitted KRW 1 million to the victim F and repaid the defrauded money.

In full view of the aforementioned circumstances, such as the Defendants’ age, sexual conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, etc., the lower court’s punishment is somewhat unreasonable and unreasonable, taking into account the following circumstances: (a) the Defendants’ age, sexual conduct, environment, motive and circumstance leading to the instant crime; and (b) the conditions of sentencing as shown in the instant pleadings, such as the circumstances before and after the

Therefore, the defendants' improper assertion of sentencing is justified, and the prosecutor's improper argument of sentencing is rejected as it is without merit.

3. Conclusion.

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