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(영문) 수원지방법원 2014.12.01 2014노6073
컴퓨터등사용사기
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for eight months.

Defendant Nos. 5, 6, and 6, of seized evidence.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment by each of the Defendants) is too unreasonable.

B. The prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment on the grounds of appeal of this case is a serious financial fraud crime in which many unspecified persons are classified as crimes under the so-called Bophishing method, and its nature is very poor, and the Defendants’ act of withdrawing and remitting the money is indispensable to achieve the purpose of the crime and thus the degree of participation in the crime is unnecessary to be subject to strict punishment against the Defendants. However, in the trial, the Defendants reflects the victim’s mistake in depth, and the Defendants paid one million won to the victim and agreed with the victim, the victim is not subject to punishment in Korea, the Defendants’ age, character and conduct, environment, circumstances, and results, and all the sentencing conditions indicated in the records and arguments of this case including the records and arguments of this case are inappropriate.

3. An application filed by an applicant for compensation who makes a determination on an application for compensation is not clear, and thus, the application by an applicant for compensation shall be dismissed pursuant to Articles 32(1) and 25(3) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings.

4. In conclusion, the prosecutor's appeal is without merit, and the defendants' appeal is with merit. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the following decision is delivered after pleading.

( long as the defendant's appeal is accepted on the grounds of its reasoning, the prosecutor's appeal shall not be dismissed separately). The summary of facts constituting an offense and evidence recognized by the court is identical to the facts constituting an offense and the summary of evidence. Therefore, it is so stated in the corresponding column of the judgment of the court below.

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