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(영문) 서울북부지방법원 2015.04.02 2015노226
사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the penalty (one hundred months of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. Although the judgment of the court below shows that the defendant committed each of the crimes of this case at least five months under confinement, and there is no criminal power in Korea, and the court below already agreed to reimburse the victim G of this case about the total amount of damage and smoothly agreed to do so. However, each of the crimes of this case was committed by the defendant in collusion with one-person D, etc., and performed an important role such as the collection and delivery of the so-called "wrishing" which is closely planned and organized against many and unspecified persons, such as collection and delivery of the so-called "wrishing" card, etc., which is obtained by the victims, withdrawal and withdrawal of the money acquired from the victims, and there is a need to seriously punish the defendant, and the fact that the defendant took part in the crime such as the physical card of this case, etc., and that the defendant Co-Defendant A of this case took part in the crime of this case, and other circumstances such as the motive and background leading up to each of the crimes of this case, the defendant's age before and after the crime, the defendant's age, occupation, family relationship, etc.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

However, in the application of the law of the court below, it is clear that the "1. confiscation" of "Article 48 (1) 1 of the Criminal Act" is a clerical error under Article 48 (1) 2 of the Criminal Procedure Act. Thus, the correction is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.

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