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(영문) 서울남부지방법원 2016.06.17 2016노611
컴퓨터등사용사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (one year and six months of imprisonment) shall be too unreasonable.

2. According to the records, it is recognized that ① it is unclear whether the Defendant has obtained substantial benefits from the instant crime in the first instance, and whether the Defendant acquired actual benefits from the instant crime (a total of one million won remaining in each account of a corporate bank and a new bank appears not to have been withdrawn due to suspension of payment, and it is unclear whether part of the amount previously withdrawn belongs to the Defendant) and that it is necessary to consider equity with the case where the instant crime of fraud, etc. is adjudicated simultaneously with the case where the judgment becomes final and conclusive.

② However, the instant Bosing crime committed by misrepresenting to an unspecified number of victims in a systematic and systematic manner. It is necessary to strictly punish the Defendant as a serious crime that seriously undermines the public confidence and the safety of transaction of state agencies. Although the Defendant was a aiding and abetting offender, it appears that the Defendant would play an important role in the completion of the crime by withdrawing the amount of deception obtained through scam and delivering it to the assistance employee, etc., the amount of damage reaches a total of 63 million won. In full view of all the circumstances, including the Defendant’s failure to pay damages to the victims; ③ The Defendant did not pay damages to the victims; ③ In addition, the circumstances leading up to the instant crime, means, results, and the circumstances after the crime, etc., the sentence of the lower court cannot be deemed unfair because it is excessively unreasonable.

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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