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(영문) 서울중앙지방법원 2019.03.15 2018노3287
컴퓨터등사용사기
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (three years of imprisonment) is too unreasonable.

2. The judgment is that the Defendant, who led to the confession of the instant crime, voluntarily returned to the Republic of Korea after completing the escape life abroad, and that at least KRW 300,000 out of the total amount of damage appears to have been recovered, and that there is no record of criminal punishment of the same or similar kind in the past, or that there is a family member to support without good health status of the Defendant.

However, the crime of this case was planned and organized, and its means and method are very poor, such as the computer system of financial institutions, and the circumstances in which the defendant recovered directly from damage, and the amount of unrepared damage is large. The defendant cannot be readily concluded that the degree of participation is low compared to C, the accomplice, by having L and M dispose of about KRW 900 million according to the defendant's order. The defendant planned to flee overseas from the time of the crime to the time of the crime, and the actual period of escape is very long, and there is no special circumstance or change of circumstances that may be considered in sentencing again in the appellate trial, and considering all the sentencing factors in the records and arguments of this case including the defendant's age, character and behavior, environment, motive and consequence of the crime, circumstances after the crime, etc., it does not seem that the punishment imposed by the court below was excessive and exceeded the reasonable scope of discretion.

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.

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