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(영문) 서울북부지방법원 2015.01.06 2014노1463

장물취득등

Text

All appeals by the Defendants are dismissed.

Reasons

1. The following sentence imposed by the lower court on the Defendants is too unreasonable.

(1) Defendant B: Imprisonment with prison labor for 10 months and 6 months; (3) Defendant E: Imprisonment for 10 months and 10 months; and (4) Defendant G: Imprisonment with prison labor for 1 year and 10 months.

2. Determination

A. Defendant B’s act of acquiring stolen chips of this case, which are stolen goods acquired by Defendant B, and the amount of personal information on the nominal owner of the suspected chips of this case, committed through the commission of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection and Information Protection. Since the crime of acquiring stolen goods of this case was committed with the purpose of committing fraud by using computers, etc., there is a serious need for punishment. Defendant B had the record of being punished for suspension of the execution of imprisonment two times for different types of crimes. Defendant B committed each of the crimes of this case without being familiar with each of the crimes of this case, and committed each of the crimes of this case without being aware during the period of the suspension of the execution of the execution of the punishment, and other various circumstances that form the conditions for sentencing as indicated in the records, such as the motive and background leading up to each of the crimes of this case, the circumstances before and after the crimes of this case, Defendant B’s age, character and behavior, environment, occupation, family relation, etc., the above punishment of the court below cannot be deemed unfair.

B. The number of stolen chips acquired by Defendant C as a result of the instant stolen acquisition crime and the quantity of personal information provided by the nominal owner of the suspected chips through the commission of violating the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. The purpose of the instant stolen acquisition crime is to commit fraud by using computers, etc., and thus, there is a need for strict punishment. Defendant C purchases all necessary facilities to forge identification cards, etc. by raising funds.