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(영문) 수원지방법원 2017.08.24 2017노4120
사기
Text

All appeals by the defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendants against the mistake of the Defendants, and there is no record of criminal punishment for the same kind of crime, the Defendants committed the instant crime with an aim to block the proceeds from the commission of the criminal act, and that the Defendants’ participation in the crime is relatively low and there is no benefit from the actual acquisition, the sentence of the lower court that sentenced Defendant A to the punishment of 10 months of imprisonment with prison labor and 8 months of imprisonment with prison labor for Defendant B is too unreasonable.

B. In light of the fact that the instant crime committed by the prosecutor was committed using the Bosing phishing crime, and it is necessary to eradicate the amount of damage to an unspecified number of victims in a systematic and planned manner, as well as the amount of social harm, and thus, it is necessary to eradicate the Defendants through severe punishment, each of the lower judgment’s punishment against the Defendants is too uneasible.

2. The fact that the defendants recognized the defendants' mistake and reflects the fact that there is no record of punishment or punishment exceeding the fine for the same kind of crime, that there is no benefit from the defendants actually acquired. Meanwhile, the crime of this case is not good to be committed by deceiving about 9.9 million won from the victims by using the Bosing criminal act. The crime of Bosing is organized in a systematic and planned manner, and the crime of Bosing is not good, and it is highly harmful to society because it is possible for the victims to grow up to an unspecified number of unspecified victims in a short period. The degree of the defendants' participation in the crime is not easy, and the damage is not recovered, and the defendants' age, sex, environment, degree of damage, motive and circumstance of the crime, and circumstances after the crime. In full view of all the circumstances in the records and arguments of this case, the judgment of the court below is judged to be appropriate, and it is not too heavy or unreasonable.

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