(영문) 수원지방법원 2016.10.21 2016노5559 | 리걸엔진

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(영문) 수원지방법원 2016.10.21 2016노5559

개인정보보호법위반등

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All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (two years of imprisonment, two years of probation, two years of probation, probation, and 120 hours of probation and community service in each year of imprisonment) is too unreasonable.

B. The lower court’s punishment against the Defendants by the prosecutor is too unfasible and unreasonable.

2. Each of the crimes of this case committed by the Defendants committed against an unspecified number of unspecified persons by committing a crime called “singing,” which is called a planned and organized crime against an unspecified number of unspecified persons, with substantial social harm, and there is a need to punish the victims with severe economic suffering. In particular, a total of 9,658 personal information has been provided for several years to be used for the crime of Bosing, and a total of 9,658 personal information has been provided for a loan by misrepresenting a lending company's employees, and a separate crime of taking over the means of access, such as a physical card, was committed under several methods to commit the crime, and the crime was extremely poor and highly poor; Defendant A has been punished twice for the same crime, such as being sentenced to a suspended sentence as a crime of fraud; Defendant A played a leading role, such as organizing the participants as the total liability for the crime of Bosing this case; the remaining Defendants are not deemed to be minor; Defendant A also committed a total of 400,000 won, which corresponds to the amount of the victim of this case's fraud.

However, the Defendants are deemed to have recognized all of the crimes of this case and against the mistake, Defendant C and F are the primary offenders, and Defendant D and E have no criminal power except for those punished once a relatively small amount of fine is imposed on the crimes of this case. The Defendants repaid the amount of damage to the victims of fraud and agreed by the lower court, and the reasons for sentencing by the lower court.

유사 판례

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