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(영문) 수원지방법원 2015.10.30 2015노3475

컴퓨터등사용사기

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below (a term of one year, confiscation of evidence 3 to 8, 1 and 2 shall be returned to the victim) is too unreasonable.

2. The fact that the judgment of the defendant led to the confession and reflect of the crime of this case, that the defendant agreed with the victim for the first time in the trial, that the defendant has no domestic criminal power, and that the defendant's health is not good is favorable to the defendant.

However, the crime like this case is committed by acquiring unspecified numbers of money in a systematic and planned manner as well as the nature of the crime, which is very high for social criticism, and such crime is committed in a divided manner through the participation of subordinate staff such as withdrawals, etc. as well as the total liability. The act of withdrawal shared by the defendant is indispensable for the completion of the crime, and thus there is a great need to punish such simple participation in order to eradicate the crime. The defendant is paid KRW 300,000 won each time he withdraws from January 2015 to March 18, 2015 arrested by the case from January 2015 to March 18, 2015. In full view of various circumstances, it is not recognized that the sentence imposed by the court below is unfair because the defendant is too unreasonable.

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