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(영문) 의정부지방법원 2016.12.02 2016노2773

컴퓨터등사용사기

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. The main point of the grounds for appeal is that the sentence imposed by the court below (six months of imprisonment) is too unreasonable.

2. We examine the judgment on the grounds of appeal. The crime of this case committed by the Defendant is not less than the nature of the crime in light of the content and method of the crime, and the fact that the damage amount to the crime of this case exceeds the maximum amount of KRW 45 million, etc. is recognized as an unfavorable circumstance against the Defendant.

However, the defendant recognized the criminal facts of this case and reflects his mistake in depth, and caused the error in the mobile product purchase system provided by the defendant to commit the crime of this case. The occurrence of the crime of this case or the expansion of damage seems to have been partially negligent by the victim. The defendant was detained for about 2 months in this case, and the seriousness of the punishment for the crime of this case seems to have been sufficiently impaired, and again, the actual amount of the crime of this case is likely not to be avoided. The actual amount of the crime of this case is 15 million won, the actual amount of damage is 15 million won, the amount of damage is fully paid to the victim in the court, and the defendant was fully agreed with the victim and the victim. The defendant was the primary offender who had no record of criminal punishment, balance with the ordinary sentencing in the same or similar cases, the defendant's age, character and behavior, character, environment, motive and motive of the crime of this case, the motive and consequence of the crime of this case, the defendant's criminal records, financial relation, and other circumstances that maintain the sentencing of this case.

3. Accordingly, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is reversed.