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(영문) 서울북부지방법원 2018.10.26 2018노1377
사기등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (two years of imprisonment and confiscation) is deemed to be too uneasible and unfair.

2. The instant crime is highly likely to be socially criticized in that: (a) the instant crime amounts to an unspecified number of victims for a single-scaming crime; and (b) the crime is organized.

The defendant has entered the Republic of Korea for committing the crime, and the collection of cash by the defendant is an important role in the completion of the criminal act of Bosing.

The defendant has repeatedly participated in the crime several times, and the amount acquired by the defendant reaches KRW 34,330,000,000,000,000 and the amount of the criminal attempted to be withdrawn from the crime shall be KRW 17,20,00.

No defendant has recovered from the amount of damage.

This is disadvantageous to the defendant.

However, the defendant recognized the crime of this case and there is no record of punishment in the Republic of Korea.

The Defendant appears to have not directly enjoyed most of the proceeds from the instant crime.

Taking into account all favorable circumstances, and comprehensively taking into account all the factors of sentencing as indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and circumstance after the commission of the crime, etc., the sentence imposed by the lower court cannot be deemed unfair because it is too unfasible to the Defendant.

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

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