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(영문) 수원지방법원 2018.09.17 2018노4235
사기미수
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (the imprisonment of eight months, confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The judgment of the defendant shows the attitude of reflecting the defendant's wrongness, and the fact that the crime of this case was committed in the first attempted crime is favorable to the defendant.

However, the crime of this case was committed by the Defendant in the so-called Bosing organization in order to collect cash and obtain money from the victim. Such serious social harm of the Bosing crime and the Defendant had been punished as a violation of the Electronic Financial Transactions Act even before the crime of this case was committed, which could have sufficiently been aware of the possibility of such Bosing crime. In fact, while engaging in the act as a collection of cash prior to the day of the crime of this case as a collection of cash, even though the Defendant was clearly aware that the Defendant’s act was the primary exchange of the Bosing crime at the time of the crime of this case, and the Defendant took considerable profits within a short period of time, the Defendant’s liability is heavy.

There are many criminal records including criminal records and criminal punishment for the accused.

Considering the above circumstances favorable or unfavorable to the defendant, and the age, sex, environment, and all other conditions of sentencing as shown in the argument of this case, the sentence imposed by the court below against the defendant does not seem to be too heavy or unreasonable because it is within the proper scope of sentencing discretion.

Therefore, each of the above arguments by the defendant and the prosecutor is without merit.

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

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