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(영문) 창원지방법원 2014.11.26 2014노2020
컴퓨터등사용사기방조등
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 (one year of imprisonment) is too unreasonable.

2. The instant crime was committed in favor of the Defendant, even though the Defendant was aware that the means of access was to be used for committing fraud, such as singing, etc., by transferring the means of access to a person without names, etc., and aiding and abetting the fraudulent act, such as singing, etc., and the computer fraud. The Defendant recognized all the instant crimes, and against the mistake, etc., are favorable to the Defendant.

However, the role of the liability for the solicitation of the passbook is significant due to the necessity of the liability for the solicitation of the passbook in the crime of fraud, such as voiceing, and the crime of computer fraud. Defendant A appears to have traded the passbook with many fraudulent groups, such as voiceing, etc. over a long period of time. Defendant has the record of being punished by a fine due to a violation of the Electronic Financial Transactions Act even in around 2012 and around 2013, and this court has been serving one year of imprisonment with prison labor due to the same type of electronic financial transaction (Supreme Court Decision 2014Do13270), and the amount of damage caused by the crime of aiding and abetting was more than KRW 150 million,00,000, which is disadvantageous to Defendant.

In full view of the equity with criminal punishment for other crimes similar to the crimes of this case, and the age, character, character, occupation, and environment of the defendant, the circumstances and results of each of the crimes of this case, and other circumstances that form the conditions for sentencing as shown in the records and arguments of this case, it cannot be deemed that the sentence imposed by the court below 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.

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