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(영문) 서울중앙지방법원 2014.06.20 2014노1350

컴퓨터등사용사기등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

title 5 to 5 is included in the seizure list.

Reasons

1. Summary of grounds for appeal by both parties: Unfair sentencing; and

2. We examine the reasoning of appeal. Although considering the favorable circumstances for the defendant, such as the fact that the defendant was involved in the crime of this case intentionally without fault, the social ties between him and his family members, etc. clearly appeal against the defendant, and that people including his family members appeal against the defendant and expressed difficulties and concern, considering the following circumstances, the sentence of the court below, which sentenced the defendant one year to imprisonment, is deemed unfair, considering the following circumstances and other factors such as the defendant's age and occupation, character and behavior, family relationship and economic aspects, circumstances after the crime, and other various sentencing factors specified in the records and arguments.

In other words, the crime of this case is the acquisition of a means of access that can be used for the singing, etc. by means of the so-called singishing, etc., and the crime of this case is not very good in light of the systematic and planned intelligence of the law, and such crime is operated in a short term as well as a large number of victims, and has structural characteristics that make it difficult to detect and arrest a criminal is difficult, and the trust relationship with the whole society has a serious adverse effect on the people, and it is an essential role in the crime of singishing, and it is very important for the collection, etc. of singish passbook shared by the defendant in view of the characteristics of the crime of singishing and the current investigation conditions. ② The amount of fraud of this case is a total amount of KRW 97 million,00,000,000 and most damage is not recovered. ③ Examining the sentencing guidelines for the crime of fraud and fraud in this case, the crime of this case constitutes the crime of 3500,500,00 won.