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(영문) 광주지방법원 2020.07.21 2020노947
컴퓨터등사용사기등
Text

The judgment of the court below is reversed.

Of the crimes No. 1 of the judgment of the court below, the defendant 1, No. 1, 2, 3, 24, 26 through 31, 33.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the court below (unfairness) is unfair because the defendant's punishment (No. 1, 2, 3, 24, 26 through 31, 33, 34, 35, and 37 through 40 from among the crimes of No. 1 in the judgment of the court below, No. 1 through 6, 13 through 16 from among the crimes of No. 2 in the judgment of the court below, No. 3-A from among the crimes of No. 3 in the judgment of the court below, No. 1 from among the crimes of No. 1 in the judgment of the court below, No. 4 from among the crimes of No. 3 in the judgment of the court below, No. 1 from among the crimes of No. 1 in the judgment of the court below

B. The above sentence of the lower court is too unhued and unfair.

2. Determination

A. The favorable normal defendant recognized each of the instant crimes.

Before February 2, 2018, a sentence should be imposed in consideration of equity in cases where a judgment of suspension of the execution of imprisonment was rendered on February 1, 2018 at the same time with respect to the fabrication of private documents, etc.

On February 2, 2018, the total amount of damage of the previous crime was KRW 271,937,840, and the total amount was KRW 214,067,840.

[The total amount of KRW 110,00,000 out of the total amount of damage caused by the fraud by using computers, etc. is 148,50,000 (one hundred and twenty thousand won for the victim corporation W, KRW 10,000,00 for the victim corporation, KRW 20,000 for the X corporation, KRW 25,000 for the Y corporation, KRW 10,000 for the Z corporation, KRW 15,00,000 for AA, KRW 24,000 for AM corporation, KRW 24,00,000 for the AB4,00 for the total amount of damage caused by the fraud, KRW 123,137,840 for the victim corporation, KRW 300 for the total amount of damage caused by the larceny, and KRW 300 for the Z corporation]

1) Total amount of damage and unpaid amount of damage to the computer, etc. in this case (i.e., total amount of damage) KRW 489,751,080 (i.e., total amount of damage from the crime committed before February 2, 2018) (i.e., total amount of KRW 271,937,813,240). Of them, total amount of damage from the crime committed before February 2, 2018, KRW 57,870,00 was unpaid, and total amount of damage from the crime was 217,813,240 won after February 2, 2018 (i.e., total amount of damage from the crime committed by the use of the computer, etc. in this case (i., total amount of damage 175,730,230,300 won, total amount of damage 38,438,010 won, total amount of damage thief (360.

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