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(영문) 서울동부지방법원 2015.03.27 2015노18

컴퓨터등사용사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

No. 1 through 15 of seized evidence shall be charged to the defendant.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (the confiscation of 10 months of imprisonment and No. 1 to 15) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. We examine all the claims of unfair sentencing by the Defendant and the prosecutor.

In light of the circumstances that can be considered in light of the following: (a) the Defendant participated in the instant crime that was organized by the Defendant and actually engaged in the commission of the instant crime; (b) the Defendant’s commission of the commission of the instant crime and the degree of participation is insignificant compared to his accomplice; (c) the profits acquired by the Defendant from the instant crime were not much higher than 1.6 million won; (d) the Defendant agreed with the victims during the trial; and (e) the Defendant did not have any criminal record, the lower court’s punishment is unreasonable.

3. The judgment below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the following judgment is rendered after pleading, on the grounds that the appeal by the defendant is well-grounded.

Criminal facts

The summary of the facts constituting an offense and the evidence acknowledged by this court is as follows. The summary of the facts constituting an offense and the evidence thereof are as follows: “AH” in Section 3 of Section 4 of the judgment of the court below, and the “R” in Section 5 of Chapter 4 is as “AH”, except where the “R” in Section 5 is deemed as “AH”. Thus, it is identical to each corresponding column in the judgment of the court below. Thus, it is cited as it is in accordance with Article 369 of the Criminal Procedure

Application of Statutes

1. Articles 347-2 and 30 of the Criminal Act, Articles 347 (1) and 30 of the Criminal Act, Articles 49 (4) 1 and 6 (3) 1 of the Electronic Financial Transactions Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of each sentence of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Sentencing Article 48(1)1 of the Criminal Act provides for sentencing.