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(영문) 서울중앙지방법원 2020.04.20 2020노265
컴퓨터등사용사기
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (ten months of imprisonment, two years of suspended execution, and 160 hours of community service order) of the lower court is too unreasonable.

2. The fact that the Defendant recognized all of his criminal acts and reflects on the fact that the benefits earned by the Defendant were not significant, the victim appears to have paid KRW 60 million to the victim and expressed his intent that the victim would not want the punishment several times, and the fact that the victim has no specific penalty power, in addition to the punishment of a fine for this type of crime, may be considered in favor of the Defendant.

However, in full view of all the sentencing conditions indicated in the records of this case, including the defendant's age, character and behavior, environment, circumstances leading to the crime, etc., it is difficult to see that the sentencing of the court below is excessively unreasonable, and therefore, the defendant's above assertion is without merit, since it is difficult to see that the sentencing of the court below is too unreasonable, considering the following factors: (a) the defendant prepared a plan to commit the crime of this case closely with his accomplice and deemed to have committed the crime of this case; (b) the crime of this case is considerably poor; (c) the fraud amount reaches 230,000,000 won; and (d) the defendant raised I to commit the crime of this case and exchanged the damaged amount of the damaged amount of the damaged amount of the damaged amount

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

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