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(영문) 대전지방법원 2015.08.13 2015노1795

컴퓨터등사용사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for 10 months) that the court below sentenced against the defendant is too unreasonable.

2. It is advantageous that the defendant's act of this case is against the crime of this case. However, it is necessary to strictly punish the defendant because he participated in the crime of this case, such as so-called strike, which causes damage difficult to recover to many unspecified victims in a systematic manner. The defendant agrees to receive 2% of the money withdrawn in direct contact with the victim of this case as commission, and the crime of this case is not less than the nature of the crime of this case. There is no particular relation or change in circumstances that the defendant agreed with the victims or in the trial, and there is no particular circumstance to reduce the sentence of the court below. The defendant's punishment cannot be found. The defendant's act of fraud crime group within the scope of the recommended sentence according to the sentencing guidelines established by the Sentencing Committee of the Supreme Court, the organization type 2 (10 million won or more, less than five hundred million won, increase in one step as a result of combination, and thus, the minimum sentence 1/3) of the defendant's imprisonment with prison labor for a limited period of not less than 16 months or more than 16 months, etc.

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