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(영문) 대전지방법원 2017.06.21 2017노795

컴퓨터등사용사기등

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is favorable to the defendant, such as the fact that the defendant recognized all the crimes of this case as well as reflects in depth the mistake, and that considerable part of the amount of fraud has been repaid.

However, the Defendant committed a crime against many victims, such as the same type of fraud, continuously and repeatedly, and during that process, forged (fashion) or event of private documents and private electronic records, and the nature of the crime is very poor. The amount acquired by the Defendant by the instant crime is a large amount of not less than 350 million won, and a part of the amount acquired by the Defendant is deemed to have been used for the Internet game or gambling, which is disadvantageous to the Defendant.

In full view of the above circumstances and other circumstances, including the Defendant’s age, sexual conduct, environment, motive, and circumstances after the commission of the crime, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, the lower court’s punishment is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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