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(영문) 수원지방법원 2015.12.09 2015노5290
컴퓨터등사용사기등
Text

All appeals filed by the Defendants and the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (one hundred months of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendants by the prosecutor is too unhued and unreasonable.

2. The crime of this case is committed in collusion with the so-called Bosing staff who take charge of withdrawing the amount of damage in a planned and systematic manner when the Defendants, who received false statements from many unspecified persons, thereby obtaining 5,930,000 won property benefits by inputting the information of the victim E in collusion with the so-called Bosing staff and allowing them to process the information without authority in the information processing device, such as computer, and by deceiving the victim M, and the crime is not good in light of the circumstances of the crime, the method and contents of the crime, the amount of damage, the scale of social risk, etc., and the defendants' act of receiving false statements is essential for the whole crime, and therefore the degree of the Defendants' participation and contribution cannot be deemed to be minor.

The circumstances are favorable to the Defendants, such as the fact that the Defendants were committed in the course of and against the commission of the crime, the degree of the Defendants’ participation in the entire crime is relatively excessive, the victims did not want the punishment against the Defendants by mutual consent with the victims, and the Defendants did not have any history of criminal punishment.

In light of the above circumstances, considering the defendants' age, character and conduct, environment, family relationship, motive, means and consequence of the crime, etc., the sentence of the court below is deemed appropriate, and it cannot be deemed that the defendants and the prosecutor's arguments are too heavy, or unfair because they are too unfasible. Thus, all of the defendants and the prosecutor's arguments are without merit.

3. In conclusion, the appeal against the defendants by the defendants and the prosecutor is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.

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