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(영문) 서울중앙지방법원 2017.09.21 2017노2726
사기등
Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant C (unfair sentencing): The lower court’s sentence is too heavy.

B. The prosecutor (misunderstanding the facts about the defendants' fraud and Sentencing: According to the evidence submitted by the prosecutor, the defendants were found not guilty of the crime of fraud in collusion with the name, influor and A as a means of delivery or remittance of the crime of Bosing, even though they were found not guilty of the crime of fraud.

The sentence of the court below shall be too minor.

2. Determination

A. The lower court rendered a judgment on the prosecutor’s assertion of mistake of facts, on the grounds stated in its reasoning, acquitted the Defendants on the charge of fraud.

When examining the reasoning of the court below closely with the records of this case, the judgment of the court below is fully acceptable. Thus, the prosecutor's assertion of mistake in the facts alleged in this case is without merit.

B. In full view of the following: (a) Defendants C and the Prosecutor’s unfair argument of sentencing recognized and against the crime; (b) the period of the crime and the total amount of the refund; (c) the Defendants did not focus on the case in light of favorable circumstances; or (d) the Defendants did not have the same criminal record; (b) the act of running a registered money exchange business would disrupt the order in foreign exchange transactions; (c) the Defendants’ age, sex, environment, motive for the crime; (d) the circumstances leading to the crime; (e) the method and method of the crime; and (e) all of the sentencing conditions in the records of this case, including the circumstances before and after the crime, the sentence imposed by

3. Conclusion, Defendant C and Prosecutor’s appeal are dismissed on the grounds that they are without merit.

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