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(영문) 수원지방법원 2014.07.31 2014노2776
컴퓨터등사용사기등
Text

The judgment below

The guilty part against the Defendants is reversed.

Defendant

A. In 10 months of imprisonment, Defendant B and C, respectively.

Reasons

Summary of Grounds for Appeal

The sentencing of the court below (the defendants A, B and the defendant C) is too unreasonable. The sentencing of the defendants (the defendants A, B) is too unreasonable.

In full view of the evidence submitted by the prosecutor (misunderstanding of facts as to the acquittal portion), the court below found the Defendants not guilty on the ground that there is insufficient evidence to prove that the Defendants violated the Electronic Financial Transactions Act among the facts charged in this case. The court below erred by misapprehending the facts, thereby affecting the conclusion of the judgment.

The lower court found the prosecutor not guilty on the ground that the evidence alone submitted by the prosecutor alone was insufficient to recognize this part of the facts charged, on the grounds of detailed grounds for the erroneous determination of facts.

In light of the records, a thorough examination of the evidence of this case is conducted by the court below on the basis of the above determination of evidence. Since the court below is just to have rendered a not guilty verdict of this part of the facts charged (the Supreme Court precedents mentioned by the prosecutor in the statement of grounds of appeal are different from this case and cannot be invoked in this case), the prosecutor

As to the Defendants’ assertion of unfair sentencing, the instant crime was committed by the Defendants in collusion with their names and by deceiving the victim H’s money under the so-called “phishing” method, and the commission of the crime was organized, planned, and intelligent, and the commission of the crime was very poor, and thus, was disadvantageous to the Defendants.

However, the amount of damage caused by the instant crime is 5,00,073. The Defendants withdrawn their deposits according to the orders of the criminal organization and did not lead the overall Defendants to commit the instant crime. At the lower court, the Defendants agreed to pay 5 million won to the victims and expressed their intent that the victims do not want to be punished against the Defendants, the Defendants are the primary offenders, and seven months from the instant case.

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