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(영문) 수원지방법원 2013.11.20 2013노4489
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (two years of imprisonment, confiscation) of the lower court is too unreasonable.

2. We can take account of the following circumstances: (a) the Defendant’s consent to the instant crime while committing the instant crime; (b) the primary offender who has no criminal history; (c) the Defendant’s participation period in the instant crime is relatively short; and (d) the Defendant appears to have participated in the instant crime due to economic circumstances while entering the Republic of Korea as an industrial trainee.

However, the computer use fraud and fraud of this case play a role of cash withdrawal, which withdrawals money deposited in the large passbook by delivery of the large passbook from the financial fraud organization of this case. The act of taking over the cash withdrawal and delivery of the defendant, the act of taking over the passbook, etc. is indispensable to achieve the purpose of the crime of fraud through mination, the victim's damage has not been recovered, the victim's environment, age, character and behavior of the defendant, etc., and the defendant's damage has not been recovered, as well as its structural characteristics are not easy to recover from damage. Thus, even though the role of the participant or personal gain is not significant, it is necessary to punish the defendant. The defendant performs a role of cash withdrawal, which withdraws money deposited in the large passbook. The defendant's act of taking over the passbook, etc. is an essential element for the crime of fraud through mining, singing, etc., and thus, it cannot be viewed that the degree of participation in the crime is somewhat weak, and the defendant's participation in the crime cannot be accepted by considering the circumstances and circumstances before and after the crime of this case.

3. If so, the defendant's appeal is reasonable.

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