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(영문) 인천지방법원 2021.01.21 2020노3285
사기
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The judgment of the defendant is favorable to the fact that the defendant led to the confession of the crime of this case and is divided, there is no record of criminal punishment, and some victims have not been punished against the defendant.

On the other hand, the criminal of Bosing fraud consists of systematic and planned intelligence against many unspecified victims, and social harm caused by such act is serious, so it is necessary to strictly punish the criminal defendant in light of the contents of the criminal defendant's act and the degree of contribution to the criminal act, etc., the criminal liability of the defendant is important, the amount of fraud and the number of victims are large, and most of the damage has not been recovered.

In full view of the above circumstances and the defendant’s age, sex, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be said that the sentence imposed by the court below is too heavy or unreasonable.

Therefore, the argument that the sentencing of the defendant and the prosecutor is unfair is without merit.

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

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