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(영문) 대구지방법원 2016.03.31 2016노497
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The gist of the reasons for appeal is that the respective punishment of the court below (2 years of imprisonment with prison labor for Defendant A, and 1 year for Defendant B) is too unreasonable.

2. It is recognized that the Defendants recognized the facts charged and reflected the instant crime, and that there was no criminal record for the same kind of crime, and that Defendant B paid damages to some victims and agreed.

However, the Defendants committed the so-called “ Bosing” crime against an unspecified number of victims in a planned and systematic manner, and the nature of the crime is very poor. The Defendants’ “ Hesing Board” of the Defendants’ “ Bosinging” is the role of directly performing the deception, and the degree of participation is somewhat less than the degree of participation.

In full view of the fact that Defendant A cannot be said to have recovered from damage, or did not reach an agreement with the victims, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendants’ age, sex, environment, circumstances leading to the commission of the crime, and the circumstances after the commission of the crime, the lower court’s punishment against the Defendants is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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