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(영문) 대전지방법원 2018.01.17 2017노3151

사기

Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (a half year and June) of the lower court’s punishment (a half year and June) is too heavy or unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects the mistake, the amount of KRW 170,000,000,000,000 kept in the defendant's account out of the amount of fraud of this case seems to be able to be returned to the victim company, the profits acquired by the defendant are not much high, and there are no criminal records exceeding the same criminal records and fines for the defendant.

However, the crime of this case is committed by the Defendant in collusion with the members of the International Internet hacking Fraud Team, and after hackinging the e-mail of the employees of the trade company, the victim company sent the mail to the person in charge of the trade company, and received the payment from the victim company to the Defendant’s account from the victim company as if it were sent a normal business mail, and the crime of this case is very poor because the contents of the crime and the method of the crime are organized and planned, and the defendant played a role in providing the Defendant’s account to the above fraud crime and taking a measure to withdraw it, and the degree of the Defendant’

It can not be seen, and the fact that the sum of the acquired money of this case is a large amount exceeding KRW 260 million is disadvantageous.

In full view of the above circumstances and other circumstances, the Defendant’s age, sexual conduct, environment, background of the crime, means and consequence of the crime, etc., there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment differently from the original judgment, such as the circumstances after the crime, etc., the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's argument are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.