사전자기록등위작등
The judgment of the court below is reversed.
A defendant shall be punished by imprisonment for a term of one year and four months.
1. The summary of the grounds for appeal (two years of imprisonment) by the lower court is too unreasonable.
2. The crime of this case was committed under the pretext that the defendant increased the sales performance of the mobile phone, using the personal information of customers without permission to arbitrarily open the bbles, cellular phone, etc., or by deceiving the goods such as the mobile phone. As such, the victim who stolen the above name has reached at least 70 persons, and the crime is very bad in light of the fact that the money obtained is very large, the circumstances of the crime, the method of the crime, and the contents, etc.
However, it seems that the defendant has disbursed some amount of money for the payment of charges such as mobile phones, tables PC, etc. which the defendant opened in the name of another person. However, considering the fact that the amount of profit actually earned by the defendant does not reach the amount of damage stated in the crime of this case, the fact that the defendant recognized the crime of this case, the fact that some victims have agreed to or partly paid the amount of damage, the fact that some victims, including C, who are the victim and the agent operating entity, who have suffered the largest additional damage in the trial, have agreed to pay part of the amount of damage, the fact that there is no criminal power for the same crime, and all the sentencing conditions indicated in the records, such as the defendant's age, environment, and circumstances after the crime, the punishment of the court below
3. In conclusion, 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 with merit.
[Discied Judgment] The summary of facts constituting an offense and evidence recognized by the court is identical to the description of each corresponding column of the judgment below, and thus, it is acceptable to accept it as it is in accordance with Article 369 of the Criminal Procedure Act.
Application of Statutes
1. Relevant Article 231 of the Criminal Act, the choice of punishment for the facts constituting an offense (the occupation of the Article 231 of the Private Document), Articles 234 and 231 of the Criminal Act, and Article 231 of the Criminal Act;