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(영문) 부산지방법원 2014.02.14 2013노2916
사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the lower court on the Defendants (two years of imprisonment; three years of imprisonment; one year and six months of imprisonment, etc.) is too unreasonable.

2. Determination

A. Although there are extenuating circumstances such as the confession of Defendant A to commit the instant crime and the violation of the Road Traffic Act and the imposition of a fine due to occupational embezzlement, etc. prior to the instant crime, the Defendant took part in the Defendant’s withdrawal of the instant crime and the distribution of the profits therefrom. The crime of Bosing is not only a systematic and planned crime but also a very poor crime by deceiving a large number of victims and leaving them in a imminent state, and it is necessary to strictly punish the Defendant as it increases in intelligence and social damages. The Defendant, as co-offenders by drawing the Defendant C to commit the instant crime, prevents the Defendant from committing the instant crime, such as cash transfer, etc., by attracting the Defendant C from committing the instant crime, taking into account the following circumstances: the Defendant’s participation in the instant crime is deemed to have taken into account: (a) the Defendant’s participation in education, such as the withdrawal of the Defendant’s withdrawal from the instant crime and the distribution of the profits therefrom; and (b) the background and scale of the Defendant’s participation in the instant crime, and the circumstances leading up to the Defendant’s punishment.

B. Although there are extenuating circumstances, such as Defendant B led to the confession of the instant crime and against the mistake, the instant fraud was involved in the Defendant’s withdrawal of the instant crime.

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