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(영문) 서울북부지방법원 2018.10.19 2018노1058
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (two years of imprisonment with prison labor and one year of short term) is too unreasonable.

2. The judgment of the court below is that the defendant is a juvenile, there is no punishment in the Republic of Korea, there was no punishment for the victim D, and that the above victim expressed his intention not to punish the defendant. However, the court below is deemed to have already determined a punishment in consideration of the circumstances favorable to the defendant. The crime of this case is a so-called " Bosinging" crime that takes money from an unspecified number of victims systematically and professionally after sharing a large number of people's roles according to a thorough plan, and the crime of this case is a so-called " Bosing" crime that takes money from an unspecified number of victims. In such a case, the crime of this Bosing was committed in a separate manner by taking into account not only the total liability, but also the crime was committed by the subordinate officers such as the withdrawal, exchange, remittance, solicitation of passbook, and credit card delivery, so there is a need to punish the subordinate officers' participation in the crime of this case, and the defendant seems to have actively participated in the crime of this case, such as the use of forged official documents by misrepresenting employees, and there is no extenuating circumstances or circumstances that the defendant's new sentencing.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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