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(영문) 부산지방법원 2017.11.24 2017노3635
컴퓨터등사용사기등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence (Defendant A: Imprisonment with prison labor for 1 year, Defendant B’s imprisonment for 1 year and 6 months) declared by the lower court is too unreasonable.

B. Each of the above types sentenced by the court below by the prosecutor is too unhued and unfair.

2. The following facts are that the Defendants and the public prosecutor’s unfair argument of sentencing together with each of the following facts: (a) the crime of Bosing, “ Bosing” and “ Bosing” are a major crime subject to the economic and social weak; (b) the occurrence of the victims is more difficult by taking advantage of the strong place; (c) the crime’s responsibility is very heavy, and the social harm is very serious; and (d) the crime of “ Bosing,” which appeared in Korea for a long time, is not eradicated despite the media promotion and the concentrated control and punishment by the judicial authorities; and (d) the Defendants are likely to take part in the crime of “ Bosing,” such as the Defendants. Defendant B took part in the crime of “ Bosing,” and Defendant B took part in the cash withdrawal liability under the direction of F, which is the total responsibility of the organization of “ Bosing,” and Defendant A takes part in the entire process of delivering the money from the victim’s account to the entire bank and the entire financial counter to each of the Defendants.

It is not possible to see that Defendant A’s crime of violation of the Electronic Financial Transactions Act is an offense that provides the fraud group with an important means of crime, and is in need of strict punishment in light of the fact that social harm caused by the crime of Bosing is very serious, it is recognized that Defendant A’s access media transferred by Defendant A was actually used for the actual crime of fraud, the amount of fraud reaches KRW 26.7 million, and that most damage was not recovered.

However, the Defendants all commit crimes.

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