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(영문) 인천지방법원 2013.11.01 2013노2444
컴퓨터등사용사기
Text

All appeals by the Defendants are dismissed.

Reasons

1. In light of the summary of the grounds for appeal in this case’s sentencing conditions, the lower court’s punishment against the Defendants (one year of imprisonment, one year of confiscation) is too unreasonable.

2. The judgment of the court below is that the defendants recognized all of the crimes of this case and against their mistakes, the defendants are the primary offenders, and the defendants' profits acquired by each of the crimes of this case can not be seen as much. The circumstances favorable to the defendants are the defendants.

However, each of the crimes of this case is a financial fraud crime committed in a planned and organized manner by taking an unspecified number of individuals into account the crime of "mination" as the object of the crime. Since the scope of damage is limited to the extent of damage, and the damage is also difficult to recover, it is very poor in the nature of the crime, and even if the role of the participants or personal gain is not significant in order to eradicate it, it is necessary to strictly punish the crime. Since the defendants' act of delivering the passbook distribution and delivery and the act of sending cash withdrawal transfer are essential parts for each of the crimes of this case, the responsibility cannot be deemed to be somewhat weak, and there is no other change of circumstances that the defendants agree with the victims until the trial, and taking into account various sentencing conditions as shown in the records and arguments, such as age, family environment of the defendants, and circumstances before and after the crime, etc., the punishment of the court below against the defendants cannot be deemed to be unfair.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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