beta
(영문) 광주지방법원 2013.11.06 2013노2002

사기방조등

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the grounds for appeal (one year and six months of imprisonment) is too unreasonable.

2. The judgment of the court below recognized his mistake, and the fact that the defendant deposited KRW 700,00 for the purpose of the victim M of the fraudulent crime is favorable circumstances.

① However, the crime of fraud in this case, fraud by using computers, etc., and electronic financial transactions is likely to be abused for the crime of single-person, and the defendant acquired a passbook from another person. In fact, the defendant was used for the crime of single-person, such as the head of a passbook, and multiple victims have occurred. ② The crime of fraud in which the defendant assisted is not only differentiated but also has structural characteristics that are not easy to recover damage, and even if the role of the participant or personal gain is not significant in order to eradicate the serious social problem, it is necessary to strictly punish the participant. ③ The defendant already knew that his act was investigated and punished by transfer of passbook, etc., such as this case, and that the defendant had a record of being punished by fraud is disadvantageously unfavorable, and there is no reason to acknowledge the defendant's punishment by considering the circumstances of the crime in this case, the age of the defendant, the circumstances of the crime in this case, the circumstances of the crime in this case, and the circumstances of the crime in this case, and there is no reason to acknowledge the defendant's punishment.

3. In conclusion, 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, the judgment of the court below is based on Paragraph (1) of this case among the facts constituting the crime of 2013 Godan181.