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(영문) 광주지방법원 2017.01.19 2016노4982
컴퓨터등사용사기방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (four months of imprisonment) is too unhued and unreasonable.

2. The following determination is an unfavorable circumstance to the Defendant.

The so-called Bosing crime aiding and abetting the Defendant to commit the crime in this case is virtually a crime target to all citizens of the Republic of Korea, and it is extremely poor that the crime is committed in a discriminatory manner by misrepresenting various national agencies and financial institutions.

These crimes are very difficult to arrest the main offenders from the investigative agency because they reside or are operated as an occupation organization abroad, and are becoming a big social problem, even though the number of crimes is becoming more diverse, the crime is terminated, and the need for prevention through strict punishment is very high.

In light of this point, the role of the criminal who participated in the phishing crime is merely a simple participation and is not a benefit that he or she has acquired individually.

Even if there is a need for strict punishment.

Furthermore, the Defendant was 49 million won, which was the amount of damage caused by the instant crime.

However, it is not easy to expect damage in the future in light of the financial situation and ability of the defendant.

On the other hand, the following points are favorable to the defendant.

There is no record that the defendant was punished for the same crime before the case.

The equity between the judgment and the case where the judgment was rendered concurrently with the offense of violation of the Electronic Financial Transactions Act as stated in the judgment below.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendant’s age, sexual conduct, environment, etc., as well as the various sentencing conditions indicated in the records and arguments, the prosecutor’s assertion is without merit, since the lower court’s punishment is too uneasible and it is not deemed unfair.

3. In conclusion, the prosecutor’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

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