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(영문) 부산지방법원 2016.12.16 2016노3996
사기
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

The defendant asserts that the court below's punishment is too unreasonable because it is too large for eight months of imprisonment, while the prosecutor asserts that the above punishment is too uneasible and unfair.

Judgment

We also examine the defendant and prosecutor's argument.

The defendant reflects his mistake in depth, and the fact that the defendant paid a significant amount of damage to the victim and agreed with the victim is favorable.

However, the crime of Bophishing, in which the defendant participated, is committed, is committed in a systematic, planned, intelligent, and unspecified number of unspecified persons, causing a brupt and serious adverse effect on the trust relationship of the entire society. The crime of this case is committed in a manner that the defendant conspired to receive part of the withdrawal amount as the withdrawal amount in advance and provided the account to be used for the crime of Bophishing, and withdraws and delivers the deposited money to the account, and is disadvantageous to the nature of such crime. The defendant committed the crime of this case without being aware of it during the period of repeated crime.

In addition, comprehensively taking account of the circumstances surrounding the instant crime, the circumstances following the instant crime, the Defendant’s age, character and conduct, and environment, etc., it is not recognized that the lower court’s punishment is too heavy or unreasonable, and thus, the Defendant and the prosecutor’s assertion are without merit.

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

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