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(영문) 서울중앙지방법원 2019.01.25 2018노3491
사기
Text

The defendant's appeal is dismissed.

Reasons

The summary of the grounds for appeal (unfair punishment) of the lower court (one year and six months of imprisonment) is too unreasonable.

The defendant's assertion that the defendant's punishment is unfair on account of the following circumstances: (a) the sentencing guidelines [the scope of punishment under law] 15 years of imprisonment [the sum of the amount of profit] (the total sum of the amount of profit] (the amount of punishment is below KRW 100 million): (b) the type 1 (the amount below 100 million) of systematic fraud among the fraud crimes; (c) the element of simple participation increase: (d) the basic area of punishment: 1 year and 6 months (the scope of recommendation): the case where the defendant was judged to have no record of criminal punishment; (b) the case is against the defendant's entire confession; and (c) there is no record of criminal punishment; (d) the crime of this case is organized by many people by frauds; (d) the crime of this case is the lowest scope of the sentencing range recommended on the sentencing guidelines; (d) there is no particular change in circumstances after the judgment of the court below; and (e) other records and arguments that are the conditions for sentencing.

Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

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