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(영문) 창원지방법원 2019.03.28 2019노101
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (ten months of imprisonment) is too unreasonable.

2. The judgment that the defendant led to the confession of all of the crimes of this case, and the fact that the defendant is the first offender is favorable to the defendant, but the crime of this case is committed in a systematic and planned manner against many and unspecified persons, and the social harm caused by the crime of this case is very large and the method of law becomes more and more and more and more effective, and thus, it is necessary to strictly punish the person who has participated in part of the crime in order to eradicate it. The role of the defendant in the crime of this case was to withdraw the amount owned by the victims and transfer the money to the account designated by the non-member of the above amount to the account. This is an act to realize the proceeds of crime and make it difficult to trace it difficult, and the crime of this case is disadvantageous to the defendant, and the damage to the victims has not been completely recovered.

In full view of the above favorable circumstances and unfavorable circumstances, as well as various other circumstances, such as the Defendant’s age, character and conduct, environment, family relationship, motive and background of the crime, and circumstances after the crime, etc., even if considering all the circumstances alleged by the Defendant as grounds for appeal, the lower court’s punishment is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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