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(영문) 서울남부지방법원 2015.09.18 2015노958
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

The gist of the defendant's grounds for appeal is that the number of crimes committed by the use of computer, etc. of this case is only 8,00,000 won and the sum of the fraud is only 8,00,000 won, the amount of profit acquired is not more than 30,000 won, the amount of profit acquired is less than 300,000 won, there is possibility of recovery of damage to the victims since the fraudulent money has not been withdrawn, it has been punished only once with a minor fine, there is no other history of punishment, and it is against the fact that the punishment of 10 months sentenced by the court below is too unfair.

In light of the circumstances such as ① the so-called scaming crime that the crime of this case is committed by a large number of persons, and the amount of fraud is only 8,00,000 won, and the defendant is arrested before the amount of fraud is withdrawn, and there is a possibility of recovery of victims' damage. ② The crime of this case is a so-called scaming crime that the crime of this case is committed by obtaining money from the victims who are systematically imminently imminent by many persons, and ② the defendant can be deemed to be the person who takes over the means of access of electronic financial transactions in accordance with the instructions of the unmerchant accomplices and takes charge of withdrawal and remittance of money. However, unless there is a person who performs the same role as the defendant, it is impossible to complete the scaming crime, and it is difficult to clarify the organization of the scaming crime, and it is a means to prevent the above crime, ③ other than the defendant's age, character and behavior, the defendant's age, motive and consequence of the crime, etc.

Therefore, it is true.

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