logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.11.26 2015노3639
사기
Text

All of the appeals filed by the prosecutor against the Defendants and Defendant B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s sentence (one year of imprisonment for Defendant A, two years of suspended execution, two years of community service, one year and six months of imprisonment for Defendant B) against the Defendants of the public prosecutor is deemed unreasonable.

B. The lower court’s sentence against Defendant B is too unreasonable.

2. The Defendants’ crime of this case is a so-called Bosing crime, and the nature of the crime is not very good, and the degree of the Defendants’ participation in the act of withdrawing cash cannot be deemed to be minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

However, the defendants reflects the truth in depth, there is no history of criminal punishment, and the amount of damage was returned temporarily to the victims.

In particular, Defendant A was involved only once in this case as the holder of the deposit account used for the instant crime, and it does not seem that Defendant A participated in the instant crime as a member of the organization of the Bosing Criminal Organization.

In full view of the aforementioned circumstances, the circumstances and methods of the instant crime, the degree of damage and the recovery of damage, the motive for the crime, the history of punishment, and all other circumstances, which form the conditions for sentencing as shown in the records and arguments in the trial and arguments, do not change compared to the original judgment. In full view of all the above circumstances, the lower court’s sentencing is unreasonable because it goes beyond the reasonable scope of discretion and is too unreasonable to sentence the Defendants.

The punishment against Defendant B cannot be deemed to be too unreasonable.

Therefore, since the prosecutor's appeal against the defendants and the defendant B's appeal are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

arrow