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(영문) 부산지방법원 2016.09.23 2016노1171
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below (one year and six months of imprisonment) on the gist of the grounds of appeal is too unreasonable.

2. It is recognized that the Defendant recognized the crime of this case, thereby contravening the mistake, and that the Defendant and his accomplice returned an amount equivalent to KRW 21 million that was settled by the Defendant and his accomplice, and that the Defendant supported the aged parents.

However, each of the crimes of this case is attempted to obtain approximately KRW 10,000,000,000 in property benefits and to obtain property benefits equivalent to KRW 156,000,000,000 in total, by abusing the fact that it is possible to settle accounts without due process of obtaining approval through the mobile phone of the nominal owner when entering into an agency contract with the settlement agency. In light of the scale of the crime or the planned method of the crime, the issue is heavy, the nature of the crime is very poor, the victims' statements were written intentionally in order to continue to commit the crime, and the civil petition call center was established and operated, without authority, and entered about about KRW 10,00,00 in the name of the nominal owner, and without authority, by using a large amount of personal information acquired through illegal routes, and thus, it appears that the defendant has been subject to heavy responsibility for the criminal acts of this case, including the following facts and circumstances that the defendant was subject to suspended execution.

3. Conclusion.

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