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(영문) 서울남부지방법원 2016.01.21 2015노1727
사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant’s punishment (two years imprisonment) imposed by the lower court is too unreasonable in light of the following: (a) the Defendant was unable to take a harsh advantage of high profit in the course of seeking a job, leading to the instant crime; (b) the Defendant’s misconduct was divided into one’s own mistakes; (c) the Defendant actively cooperated in the investigation; and (d) the Defendant is seeking to pay damages.

2. The judgment of the court below shows that the defendant's mistake is divided and reflected against the defendant. However, since the crime of this case takes over an access medium that can be used for the crime of acquiring the victim's money through the so-called Bosishing method, the crime of this case is very poor in terms of the nature of crime in terms of organization and intelligence. These crimes are very poor in terms of organization and intelligence. These crimes are not only a short period of time but also have a serious adverse effect on the human trust relationship of our society, and thus give a great anxiety in the life of good people. The role of taking over the access medium shared by the defendant is not only an essential part in the crime of Bosishing but also an essential part in the crime of this case because the financial fraud of this case is operated in the form of the organization of Bosishing, and it is not easy to detect and arrest the criminal, it does not seem that the subordinate staff of the court below should be punished strictly, and it does not seem to have any undue reasons compared to the reasons for sentencing of the defendant.

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

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