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(영문) 서울북부지방법원 2016.10.21 2016노931
컴퓨터등사용사기
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. However, there are circumstances in which the Defendant agreed to provide the victim D and C with KRW 5 million, KRW 3 million to the victim F, and KRW 2 million to the victim E at the investigative agency and the lower court.

However, a crime committed by the defendant is a so-called voiceing crime, and social harm is serious due to the scam and organized typically, and it is difficult to eradicate the crime because it is difficult to detect participants, and if a person who participated in the crime is discovered, the responsibility should be strictly asked to prevent another person from attempting to commit the crime.

The judgment below

There is no significant change in circumstances to consider the sentencing of the accused.

In light of all the circumstances asserted by the Defendant as the grounds of appeal, the lower court’s sentence cannot be deemed unfair, even if it is considered that the Defendant’s ground of appeal was unreasonable.

Therefore, the defendant's assertion of unfair sentencing is not accepted.

3. If so, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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