컴퓨터등사용사기
All of the appeals by prosecutors are dismissed.
1. The summary of the grounds for appeal is unreasonable since each of the punishments (the defendant A: the imprisonment of August, the suspended sentence of two years, the imprisonment of four months, and the suspended sentence of two years) declared by the court below to the defendants is too uneasible.
2. In light of the method of judgment, the fact that the crime of this case is not good, and that the amount of fraud is not less than 480 million won, which is disadvantageous to the Defendants.
However, in light of the following: (a) the Defendants recognized the instant crime; (b) the Defendants appears not to have used the defrauded money for personal purposes; (c) the Defendants were the first offender who had no record of punishment prior to the instant crime; and (d) there was no change of unfavorable circumstances that affect the sentencing after the sentence of the lower judgment; and (b) other factors of sentencing, including the Defendants’ age, character, conduct, environment, method of crime, circumstances, degree of participation in the instant crime; and (c) the sentencing guidelines of the Sentencing Committee, including the circumstances after the commission of the instant crime, etc., the sentence imposed by
Therefore, the prosecutor's above assertion is without merit.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.