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(영문) 서울중앙지방법원 2019.02.19 2018노3725
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Nos. 1 through 4 of seized evidence.

Reasons

Summary of Grounds for Appeal

(F) The punishment sentenced by the lower court (two years of imprisonment) is too unreasonable.

The above-mentioned sentence sentenced by the court below by the public prosecutor is too uneasible and unfair.

Judgment

Defendant

In addition, the prosecutor's appeal on unreasonable sentencing is also examined.

Since the crime of Bosing is conducted systematically and systematically, and the social harm is very high, such as causing damage to unspecified or many citizens, it is recognized that there is a need for strict punishment.

The defendant received a document file under the name of the Chairperson from an accomplice in the name of the Financial Services Commission and printed out it, and received a signature by presenting the above documents as if he was an employee of the Financial Supervisory Service and delivered it to another accomplice.

However, on the other hand, the defendant has no record of criminal punishment exceeding fine.

The victims D and F met the total amount of damage and agreed with the victims.

In the past, it is recognized that all of his errors are recognized and they are against the depth.

The total amount of money acquired by the defendant shall not be more than 6 million won and substantial damage shall not be substantial.

The profit of the defendant is also very little.

In full view of other circumstances, including the Defendant’s age, character and conduct, environment, motive and background of the offense, means and method of the offense, and circumstances after the offense, etc., the sentence imposed by the lower court is deemed unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act on the grounds that the defendant's appeal is with merit, and the following decision is delivered

(No appeal by a prosecutor shall be justified, but the decision of the court below shall be dismissed separately from the disposition of the court below as long as the appeal by the defendant is accepted and reversed).

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