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(영문) 서울고등법원 2017.11.24 2017노2301

컴퓨터등사용사기등

Text

The judgment below

Part concerning Defendant A and C shall be reversed, respectively.

Defendant

A Imprisonment with prison labor for three years and for one year.

Reasons

1. Summary of grounds for appeal;

A. The sentence of each of the above defendants A and C (unfair sentencing) against the above defendants (defendant A: three years of imprisonment, and one year and six months of imprisonment) is too unreasonable.

B. Prosecutor 1) According to the evidence submitted by the Prosecutor, it is sufficiently recognized that Defendant B and D conspired to and participated in the fraudulent act committed by Defendant A and C, including the computer, etc.

Nevertheless, the court below found the Defendants not guilty of all the charges of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (affort) for the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes, which affected the conclusion of the judgment by misunderstanding the facts.

2) The sentence of each sentence against Defendant A and C, which is unfair in sentencing, is too uneasible and unfair.

2. Determination

A. As to the prosecutor’s assertion of mistake of the facts, Defendant A and C established a distribution company (hereinafter “instant company”) such as Defendant B and D’s computer, and distribution company (hereinafter “P”) such as Defendant B and D’s fraud, and the Defendants’ violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (hereinafter “victim”) around April 2, 2014, Defendant A and C did not arbitrarily obtain a discount from the victim company’s employees by accessing the victim company’s operation ID, etc., and did not perform their duties as the victim company’s employees after obtaining a discount from the victim company’s employees, etc., even though they did not perform their duties as the victim company’s employees after having access to the victim company’s operation system.