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(영문) 서울북부지방법원 2014.06.26 2014노400
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year and six months of imprisonment and confiscation) imposed by the court below against the defendant is too unreasonable.

2. The judgment of the court below is against the defendant's wrong judgment, and it is against the defendant's depth. 3 million won was deposited to the victim Y when the defendant was in the trial, and the profit acquired by the defendant was extremely part of the total amount of fraud. The defendant's fraud crime of this case is acknowledged to be a so-called Bosing crime that is closely planned and organized against many and unspecified persons, and there is a strict need for punishment. The amount deposited by the defendant is only part of the total amount of damage suffered by the victims. It is necessary to consider the equality of sentencing between Co-defendant B of the court below and the defendant, which was involved in the crime of this case, and other various circumstances that are conditions of sentencing as shown in the records, such as motive and background leading up to the crime of this case, circumstance before and after the crime of this case, defendant's age, character and conduct, occupation, occupation, family relation, etc., the punishment of the court below is too unreasonable.

3. As such, 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.

[However, in the judgment of the court below, it is clear that the phrase "Nos. 16 (No. 3), 6 (No. 4), 6, 000 won per the Bank of Korea issued by the seized Bank of Korea" is a clerical error in the statement of "No. 16 (No. 31) and 6,000 won per the Bank of Korea issued by the seized Bank of Korea," and thus, it is correct ex officio in accordance with Article 25 (1) of the Regulations on Criminal Procedure.

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