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(영문) 인천지방법원 2020.12.17 2020노3538
사기등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

The summary of the grounds for appeal (unfair sentencing) the Defendant appealed each on the grounds that the lower court’s punishment (one year and six months of imprisonment) is too unreasonable and thus unfair. The prosecutor appealed each on the grounds that the lower court’s punishment is too unreasonable and unfair.

2. The Defendant, at the latest, recognized the instant crime in this Court and reflects his mistake.

There is no criminal record against the Defendant.

The economic benefits directly acquired by the defendant through the crime of this case are not much significant compared to the amount obtained by deceit.

However, the crime of Bosing fraud is committed against many unspecified victims in a systematic and planned manner, and the social harm caused by such crime is serious, so it is necessary to punish it strictly.

In light of the amount of damage caused by the fraud of this case, the degree of participation of the defendant, and the number of financial transactions under the real name of another person, the criminal liability of the defendant is heavy.

Until now, damage caused by the crime of fraud has not been recovered.

In full view of the circumstances above, comprehensively taking account of the circumstances that led to the Defendant to commit the crime, the Defendant’s age, health status, character and conduct, environment, and circumstances after committing the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

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

(However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, ex officio, the “16,500,000 won” in Chapter 18 of the Criminal Procedure Act shall be corrected to “16,50,000 won”.

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