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(영문) 수원지방법원 2017.05.15 2017노1047
컴퓨터등사용사기방조등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) Defendant (1) is guilty of aiding and abetting the violation of the Electronic Financial Transactions Act and aiding and abetting the use of computers, etc., and the Defendant was in need of a loan by misunderstanding the legal principles.

During the process of being identified for obtaining a loan on behalf of E, the person was aware of the name in distress, which introduced him as an insurance designer, and the person was introduced to E, and the person was not aware that he was an employee of Bosing for the above name was a member of Bosing for the use of access media. Therefore, there was no record that the original defendant assisted the transfer of E's access media or aided the fraudulent act by using the computer of Bosing for the use of the computer of the employee of Bosing.

(2) In light of the legal principles on aiding and abetting fraud, the Defendant, who had argued economic difficulties, committed an act of aiding and abetting fraud, committed a crime of aiding and abetting fraud, apart from constituting a crime of aiding and abetting fraud, cannot be established, on the ground that the Defendant’s act stated in this part of the facts charged constitutes a crime of aiding and abetting fraud, regardless of the fact that the Defendant’s act constitutes a crime of aiding and abetting fraud, committed a crime of aiding and abetting fraud, in return for payment of a certain amount of consideration to an employee belonging to the BZ that said Defendant

(3) The sentence sentenced by the lower court to the Defendant (one year of imprisonment and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence imposed by the lower court against the Defendant is too uneasible and unreasonable.

2. Determination

A. Since an act of aiding and abetting in violation of the Electronic Financial Transactions Act and an act of aiding and abetting in use of computers, etc. under the Criminal Act is a direct and indirect act that facilitates the commission of a principal offender with the knowledge of the fact that the principal offender commits a crime, the crime of aiding and abetting in violation of the Electronic Financial Transactions Act and the act of aiding and abetting in use of computers, etc. must be the intention of the principal offender to the effect that the act of aiding and abetting in the principal offender and the principal offender

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