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(영문) 서울중앙지방법원 2019.03.20 2018노4035
사기방조
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment, confiscation) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The circumstances are favorable to the defendant, such as the fact that the defendant acknowledges and reflects all of his own crimes, that is the first offender who has no record of criminal punishment, that the defendant appears not to have participated in the crime of this case by conclusive intent, that the defendant's crime is committed in aiding and abetting, that the defendant seems not to consume or hold most of the criminal proceeds, that the defendant is likely to not consume or have possessed most of the criminal proceeds, and that part of the amount acquired through

Meanwhile, the crime of this case is a so-called “wishing,” which is committed in a systematic, planned, and intelligent manner against many unspecified victims, and the nature of the crime is considerably poor, and it is inevitable to severely punish subordinate participants, such as collection and delivery measures, due to a very high social harm of the crime, and the victim is 16 persons, and the amount of fraud exceeds 150 million won, and most of the victims are not recovered from damage of the crime of this case, which is disadvantageous to the defendant.

In full view of the various circumstances favorable to and unfavorable to the defendant and other various conditions of sentencing as shown in the records and arguments of this case, such as the defendant's age, character and conduct, environment, family relationship, circumstances after the crime, etc., the sentence of the court below is too heavy or it cannot be deemed that the defendant and the prosecutor's assertion are without merit.

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

However, the "15,848 won" of the third 15th 15th 200 million won is "14,5980,000.

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