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(영문) 서울북부지방법원 2014.10.30 2014노1011

사기방조등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Seized evidence 1 to 4 shall be confiscated.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two months of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. Before the judgment on the grounds for appeal ex officio, the prosecutor examined ex officio prior to the judgment on the grounds for appeal, and applied for the amendment of indictment with respect to fraudulent aiding and abetting, the facts charged by the prosecutor, and the contents of the offense and the applicable provisions of the law, and the subject of the judgment was changed by this court. Thus, the judgment of the court

3. Accordingly, the judgment of the court below is reversed pursuant to Article 364 (2) of the Criminal Procedure Act without examining the defendant's assertion of unfair sentencing, and the judgment below is again decided as follows after oral argument.

Criminal facts

The summary of the facts charged by the court and the summary of the evidence are as follows: (a) the facts constituting the crime of the court below in Article 369 of the Criminal Procedure Act are as follows; (b) the facts constituting the crime in Article 369 of the Criminal Procedure Act are as follows: (c) the 9th of the main text of the same paragraph is as “Fraud by Use of Computer, etc.”; and (d) the 9th of the 9th of the main text of the same paragraph is as follows; and (e) the 1.0th of the 1.

【Before June 24, 2014, the Defendant, at the seat of the head of an enterprise bank located near the Seongbuk-gu Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju Jeju District, misrepresenting the prosecution of the victim F to enter the account number, password, etc. by entering the Internet personal information protection-related website, and by hacking the said information in an irregular manner, withdraws the amount of KRW 5,865,00 from the new bank account (H) in the name of the victim from the victim’s new bank account in the name of the Defendant (hereinafter “H”) at around 14:35 on June 24, 2014; and continuously, at around 13:47 on June 25, 2014, C is identical to the same at the seat of the new bank that is located in 29 in Seongbuk-gu Seoul Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Seoul.