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(영문) 수원지방법원 2018.10.17 2018노5355
사기등
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 (two years of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The circumstances are favorable to the following: (a) the Defendant recognized the crime for the first time in the judgment of the party; (b) the benefits acquired by the instant crime are relatively small; (c) there is a family member to support; and (d) there is no record of punishment for the same type of crime.

However, the defendant involved in the criminal act of Bosing fraud, and remitted approximately KRW 200 million through money exchange. In light of the method of the crime and the amount of damage, the nature of the crime is not good, the victims are not recovered, and there is no change in circumstances or circumstances that may be considered newly after the decision of the court below. In full view of all the sentencing conditions of this case, including the defendant's age, sex, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, the above argument by the defendant and the prosecutor is not reasonable, and therefore, the above argument by the defendant and the prosecutor is not reasonable.

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

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