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(영문) 대구지방법원 2014.12.04 2014노564
컴퓨터등사용사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, 10 months of imprisonment, 2 years of suspended sentence, 8 months of suspended sentence and 2 years of suspended sentence) declared by the court below is too unreasonable.

2. The Defendants did not have any history of criminal punishment exceeding a fine, and recognized the mistake of the crime of this case and reflect in depth the error of the crime of this case.

As a result of the instant crime, FFC’s interest collected unfairly from victims and damages incurred therefrom were recovered. Defendant B’s involvement in the instant crime from January 20, 2010 to December 2012, 2012, who retired from the FFF standing director, was relatively less.

However, the crime of this case is likely to reduce the loan interest rate due to the fluctuation in the CD interest rate due to the Human Resource situation around 2008. As such, the crime of this case is highly likely to be committed by the defendants in collusion with the defendants, without the consent of the victims who are customers, by arbitrarily manipulating the additional interest rate through the computer, and by unfairly deceiving the interest from 191 victims. The damage amount during the period of about four years exceeds KRW 470 million,00,000,000, which is a large amount of damage.

The crime of this case has significant social harm in that it is a breach of trust in financial institutions, including the FFFFC, and at the time, Defendant A is the president of the FFFC, and Defendant B is the standing director of the FFFC, and it is inevitable to punish the corresponding person.

In addition, considering all the sentencing conditions shown in the records and arguments, such as the age, character and conduct, environment, etc. of the Defendants, the sentence imposed by the court below is too unreasonable.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendants' appeal is without merit. It is so decided as per Disposition.

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