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(영문) 서울중앙지방법원 2018.09.07 2018노1693
사기등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. The main prosecutor and the Defendants asserted that the lower court’s punishment (one year of imprisonment and confiscation, 10 months of imprisonment and confiscation) is too weak or unreasonable.

2. Although the crime of Bosing fraud, such as the instant case, is serious harm to the society, the crime was committed in the form of an organization where the crime was committed, and the arrest of the criminal is not easy, and there is a great need to prevent recurrence by taking account of the degree of participation of the participants and the circumstances such as the actual proceeds of the crime.

In addition, the delivery and storage of the access media for one electronic financial transaction causes serious social harm, such as impairing the general credit and financial transaction safety of the people in the name of the financial transaction, and impairing illegal gambling, voiceing, other crimes, and illegal business, while the criminals easily commit the crime, but also causing serious social harm, such as detecting the crime, arresting the victim, and recovering the damage.

On the other hand, it appears that the Defendants appear to recognize and reflect their criminal acts, Defendant A is the first offender, Defendant B is punished by a fine, the amount of fraud damage is not more than 4 million won, the amount of damage was returned to the victim, and Defendant B agreed with the victim, etc. are favorable to the Defendants.

In full view of the sentencing conditions indicated in the instant pleadings, such as the Defendants’ age, sexual conduct, motive, means, and consequence, as well as the aforementioned unfavorable and unfavorable circumstances, given that the lower court’s punishment on the Defendants is too heavy or unreasonable because it is too heavy, and thus, the prosecutor’s and the Defendants’ assertion are without merit.

3. In conclusion, the appeal by the prosecutor and the Defendants is without merit, and all of them are in accordance with Article 364(4) of the Criminal Procedure Act.

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