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(영문) 의정부지방법원 2014.09.25 2014노1557

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the original court (one year and six months of imprisonment) shall be too unlimited and unfair; and

2. The defendant appears to reflect the crime of this case while recognizing the crime of this case. However, the victim of this case is 167 persons, and the cash card and password that the defendant received from the victims are used for the crime of this case, and the amount of damage exceeds 1 billion won, and 75 persons among the victims of this case are detained as the suspect of the crime of Bosing and are investigated as witness, etc. In addition, the crime of this case is very serious and the nature of the crime of this case is very serious, such as the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., in light of all the sentencing conditions indicated in the records of this case, it cannot be deemed that the sentence of the court below against the defendant is too unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

[However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the provision of applicable laws and the choice of punishment for the crime of 1.0, Article 347(1) of the Criminal Act, Article 352 and Article 347(1) of the Criminal Act, Article 72 Subparag. 2 and Article 59 of the Personal Information Protection Act, and Article 72 Subparag. 1 of the Act on Criminal Procedure “the choice of imprisonment” shall be corrected by inserting ex officio the following: “1. Relevant laws and the choice of punishment for the crime of 1.0, Articles 347(1) and 30 of the Criminal Act, Articles 352, 347(1) and 30 of the Criminal Act, Articles 72 Subparag. 2 and 59 of the Personal Information Protection Act, Article 30 of the Criminal Act, and each choice of imprisonment.”