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(영문) 서울중앙지방법원 2016.08.26 2016노1481
컴퓨터등사용사기
Text

The defendant's appeal is dismissed.

Reasons

1. The punishment sentenced by the first instance court (unfair sentencing) on the summary of the grounds for appeal (the imprisonment of eight months, the suspension of the execution of two years, and the community service work of 240 hours) is too unreasonable.

2. The Defendant satisfied a considerable portion of the judgment amount, and the Defendant divided his mistake. However, the instant crime was committed by deceiving a considerable amount of money on several occasions by inputting false information on request for refund to a computer using an opportunity to perform his/her duty such as the procedures for refund to customers, etc., and the nature of the relevant crime is not good, and there is no change in sentencing conditions that may be considered in the appellate trial, and there is no change in sentencing conditions that may be considered particularly in the appellate trial. Furthermore, considering the various circumstances, including the Defendant’s age, sex, environment, motive, means, and consequence of the crime, it is difficult to view that the sentence imposed by the first instance court is unfair even if considering the circumstances asserted by the Defendant, even if it is deemed unfair.

Therefore, the defendant's argument that the above sentencing is unfair is without merit.

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

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