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(영문) 청주지방법원 2016.05.20 2016노310
사기
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years and six months of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. We examine the reasoning for appeal by the Prosecutor and the Defendant.

As seen in this case, the criminal conduct of Bosing fraud, like the instant case, is the most malicious type of fraud in terms of the method of deception, the characteristic of deception, the systematic and conclusive intention, and the fact that it is a systematic and secret criminal, among the criminal frauds, which can be punished by imprisonment for up to 10 years ( statutory penalty).

In addition, the crime of this case has been repeatedly committed against a large number of victims, and most victims want to obtain a second financial right loan because they are not good economic situation, and the victims can receive a second financial right by acquiring money, so the degree of illegality by the defendant is very high.

The Defendant asserted that the Defendant was merely a simple participation in the instant crime with the “comburter” of the “burine Center,” but the Defendant appears to have served as a key part of the Defendant’s affiliation of the other party due to the last day of the commission of the crime.

Even if the person who plans or forms the whole crime, if there is no one as the defendant who directly committed an act of deceiving the crime due to the falsehood, it would be impossible to commit such crime.

Furthermore, the Defendant committed the instant crime during the period of repeated crime.

However, there are the following favorable circumstances for the defendant.

In other words, the defendant voluntarily entered the crime of this case after committing the crime, recognized the crime of this case and cooperated in the investigation, and his mistake is divided.

From the time when the defendant first participated in the crime, he was aware of the details of the crime of Bosing in detail.

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