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(영문) 수원지방법원 2014.05.22 2014노1666
컴퓨터등사용사기
Text

The Defendants’ appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the sentence of the court below (the imprisonment of two years and the confiscation of the defendant A, the imprisonment of one year and six months and the confiscation) is too unreasonable.

2. The fact that the defendants are against their own crimes and divided, that the victim AA and the original agreement was reached in the trial process of the court below, that the defendants did not gain profits compared to the total amount of fraud, that the defendants did not have any history of criminal punishment in the Republic of Korea, and that the family-friendly relationship of the defendants want to take the measures against the defendants is favorable to the defendants.

However, as to the crime of this case, if the role of the person committing the crime of this case was subdivided and organized and planned, the sentencing criteria itself is set higher than general fraud. The crime of this case is limited to many people, and the nature of the crime is very poor. The defendants take charge of withdrawing the money transferred to the large account by means of the passbook and cash card, etc. from the accomplice and then distributing it to the above accomplice. This is because it is essential to achieve the purpose of the crime of this case, it cannot be deemed that the degree of participation in the crime of this case is somewhat weak. Defendant B took part in the crime of this case through Defendant A. The role of remitting cash transferred to the accomplice by dividing the cards on the part of the person committing the crime of this case, along with contact and contact cards with China, it seems that the degree of participation in the crime of this case was higher than Defendant A through Defendant A and the degree of participation in the crime of this case appears to have been higher than Defendant B, and considering the record of the passbook and the age of the Defendants, the age of character and conduct, and the conditions of the defendants.

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