logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2015.08.28 2015노346
컴퓨터등사용사기등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. The Defendant borrowed money from the victim who borrowed money from the victim with the instant physical card in return for a mistake of facts, and did not steals the said physical card since it did not constitute a theft as stated in the instant facts charged, and did not commit any crime of larceny and fraud using computers, etc. as stated in the instant facts charged. The Defendant did not engage in any business obstruction like the instant facts charged.

B. The sentence of one and half years of imprisonment sentenced by the lower court is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the following circumstances are recognized.

① From the investigative agency to the court below and the trial court, the defendant stolen the instant physical card and used the instant physical card from the victim’s restaurant to the defendant, and the victim’s restaurant interfered with the restaurant business by avoiding a disturbance to the head of the shot. ② The victim was under the first investigation from the prosecutor’s office on November 17, 2014, and made a statement as to whether the victim was the defendant or not under the influence of alcohol, but on the same day, he was under the second investigation, and immediately reversed the above statement and made the above physical card. The reason why the victim tolds that the memory was based on the victim’s request by the defendant’s spouse in de facto marriage and the defendant’s worship. After that, this part of the statement is consistent, L et al., and the victim took place from time to time, and even if the victim was organized, the victim’s statement was reconvened.

arrow