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(영문) 서울북부지방법원 2014.09.19 2014노837
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below (one year and two months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. The following facts are considered to be favorable to the Defendant: (a) the Defendant, who led to the confession of all the instant crimes, and the Defendant has no record of criminal punishment until then, while staying in Korea since 2006; and (b) economic difficulties, such as the mother’s establishment of hospital expenses, etc., may have led to the participation in the instant crime.

Meanwhile, in light of the fact that the crime of this case is closely planned in advance to acquire money from many unspecified persons through the crime of so-called “scam,” which is a major social problem, there is a strict need to punish the defendant. In the crime of this case, the role of the defendant in the crime of this case is to deliver the means of electronic financial transactions or withdraw or transfer criminal proceeds by using the means of electronic financial transactions, and it cannot be deemed that the degree of participation is less severe, and that there is no agreement with the victims or no recovery of damage, etc. is unfavorable to the defendant.

In addition, comprehensively taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive or circumstance of the offense, means and consequence, period of the offense, and circumstances after the offense, it is not deemed that the sentence imposed by the lower court is too heavy or unreasonable.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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