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(영문) 수원지방법원 2016.08.24 2016노3602
컴퓨터등사용사기
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (four months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. We examine both the criminal defendant and the prosecutor’s unfair argument in sentencing.

The crime of this case committed by the Defendant in collusion with the employees of the Washington is very poor due to the so-called “Sishing” fraud, which is designed and organized against many and unspecified persons, and leads to a large number of victims.

In order to suppress such a singing crime, it is highly necessary to strictly punish subordinate officers' participation in the singing crime, and the Defendant did not only take part in the singing crime but also took part in the E’s withdrawal of the singing and deducted the amount of damage.

Until the trial, damage recovery was almost not achieved.

On the other hand, the defendant recognized the crime of this case and is against the defendant, and the profits earned by the crime of this case are relatively low, and there is no other record of criminal punishment prior to the crime of this case.

Considering the equity in the case where a judgment was rendered with a final and conclusive crime of fraud, the sentencing of the lower court is determined to be appropriate, and it does not seem to be too weak or unreasonable, in light of the following circumstances, taking into account the Defendant’s age, sex, environment, motive, means and consequence of the crime, and circumstances after the crime, etc.

Therefore, the above argument by the defendant and the prosecutor is without merit.

3. As such, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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