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(영문) 서울북부지방법원 2015.11.13 2015노1390

컴퓨터등사용사기

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and eight months.

Defendant

B A person shall be punished by imprisonment for not less than eight months.

Reasons

1. The summary of the grounds for appeal that the court below sentenced the Defendants (the defendant A: two years of imprisonment, and the defendant B: one year of imprisonment) is too unreasonable.

2. The crime of this case was committed by the Defendants in collusion with D, etc., which committed the so-called Bosing (hereinafter "telecommunications-based financial fraud"). The nature of the crime is very severe and organized and planned. The role performed by the Defendants in the course of the crime of this case is "measures," which is essential for the completion of the crime of telecommunications-based financial fraud, and is highly likely to be criticized in light of the structure and characteristics of the crime of telecommunications-based financial fraud, social harm to the unspecified number of victims. In particular, Defendant A offered a criminal act to Defendant B, thereby allowing the police to participate in the crime of this case. Defendant B, upon the D's instruction, notified the police to take part in the crime of this case. Upon the commencement of the investigation, Defendant B made an advance instruction to delete Messen or AE dialogue with him, etc. The victim was five persons due to the crime of this case, and the victim was more than 100 million won, and the victim and the victim did not have made an effort to recover money to the victim of this case.