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(영문) 창원지방법원 2016.12.01 2016노952
컴퓨터등사용사기
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the court below to Defendant B (ten months of imprisonment) is too unreasonable.

B. A prosecutor 1) Although Defendant A had been involved in each of the instant crimes in collusion with Defendant B around January 2009, the lower court that acquitted Defendant A erred by misapprehending the legal doctrine on joint principal offender or by misunderstanding facts, thereby adversely affecting the conclusion of the judgment. 2) The sentence imposed by the lower court to Defendant B is too uneasible and thus unfair.

2. Judgment on the misapprehension of the legal principles by the prosecutor about defendant A and the misapprehension of facts

A. The summary of this part of the facts charged is the person who, around 2002, takes charge of planning, general affairs, audit affairs, etc. throughout the whole association and is the general representative of WFF.

Around January 2009, the Defendant and the standing director B were likely to cause business losses to WFF due to the CD-based loan products with a high interest rate of not less than 50% of WFF loans due to the financial crisis, the Defendant and the standing director agreed to implement a plan to increase the interest rate at will without the consent of the customer to increase the interest rate and receive the loan interest.

Around that time, B, following the public offering, instructed the executive members meeting in which C and the heads of each branch office were present at the WFFF’s office, and then the executive director C and the heads of each branch office to operate the additional interest rate in order by arbitrarily inputting the interest rate to the computer terminal without the consent of the customer. Upon the public offering, C and the heads of each branch office ordered the loan managers of each branch office and each branch office to arbitrarily raise the additional interest rate without the consent of the customer.

Accordingly, the proxy AF in charge of WF loan from WF A branch around February 3, 2009 is the victim AG at the office of WF A branch credit department around February 3, 2009.

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