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(영문) 서울서부지방법원 2017.02.09 2016노1574
사기등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the court below's punishment (two years of imprisonment) is too unreasonable, and the prosecutor's appeal's reasoning is that the court below's punishment is too uneasible and unfair.

The crime of Bosing, like the instant case, is planned and organized for many and unspecified persons, thereby causing serious damage to the victims, as well as serious social harm, and requires strict punishment. The Defendant plays a role of "measures for Collection and Delivery", which directly collects and delivers the amount of damage from the person who enters the Republic of Korea and is deceiving the victim into China, and the degree of his participation is not easy, and the victim's document is produced in the name of the Chairman of the Financial Services Commission, and is misrepresentation of the Financial Supervisory Commission staff of the Financial Supervisory Commission, and is disadvantageous to the Defendant.

On the other hand, the fact that the defendant led to the crime of this case and reflects it, and that the defendant has no record of punishment in Korea is favorable to the defendant.

In addition, considering the Defendant’s age, sexual conduct, environment, the background and consequence of the instant crime, and the circumstances after the instant crime, etc., the sentence of the lower court is deemed to be appropriate, and is too heavy, or is deemed to be unfair because it is too low, and thus, each of the unlawful sentencing arguments by the Defendant and the Prosecutor are without merit.

Therefore, the appeal by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendant and the prosecutor are without merit. It is so decided as per Disposition.

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