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(영문) 의정부지방법원 2017.09.19 2017노1903
컴퓨터등사용사기등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced the Defendants (in case of Defendant A: 9 months of imprisonment; 10 months of imprisonment with prison labor; 10 months of confiscation; and 10 months of confiscation) is too unreasonable.

2. The Defendants showed an attitude against the Defendants, recognizing the instant crime.

Defendants are first offenders who had no record of criminal punishment prior to the instant case.

At the lower court, the Defendants agreed to pay 5 million won to the victim K, and agreed to pay 6 million won out of 6 million won to the victim M, and received a letter from all victims.

On the other hand, the so-called “Sishing” crime is a serious crime that the method of committing the crime is organized, planned, intelligent, and intelligent, and in a short period, leads to a large amount of victims, and its structural characteristics are not easy to detect and arrest criminals as it is operated in the form of braille, and the trust relationship with the whole society has a significant negative influence on the people’s life.

The Defendants’ crime committed is an act of withdrawing money obtained through the delivery of an access medium with another person’s name through the use of such a medium and then remitting money to the account designated by the general responsibility again. It is not only an essential role for a Bosing crime, but also an inevitable role for a Bosing crime. Considering that Bosing the fact that Bosing crimes are carried out pro rataly through an act of participation by subordinate staff members, such as an inevitable withdrawal and remittance, the Defendants’ act of participation cannot be punished somewhat.

In examining the conversation between the Defendants and the upper line D, the Defendants seems to have been well aware of the fact that the Defendants were involved in the criminal conduct of Bosing.

The lower court appears to have determined the sentence against the Defendants in full view of the above circumstances, and there is no change in the special sentencing conditions after the sentence of the lower judgment.

The above circumstances and the Supreme Court's sentencing committee were established.

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