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(영문) 부산지방법원 2017.01.20 2016노4574
컴퓨터등사용사기
Text

1. The part of the judgment of the court below regarding Defendant B shall be reversed.

(a) Defendant B shall be punished by imprisonment with prison labor for ten months;

(b) except that;

Reasons

The summary of the reasons for appeal against Defendant B: The punishment of the court below (10 months of imprisonment) against Defendant B is too unreasonable.

A prosecutor: The prosecutor of the court below's each sentence against the defendants (Defendant A: 10 months of imprisonment, 2 years of probation, 2 years of probation, 200 hours of community service work, 10 months of imprisonment, 6 months of probation, 2 years of probation, 2 years of probation, 2 years of probation, 200 hours of community service work) is too uneased and unfair.

Defendant A’s crime of this case is recognized as not having committed a crime in light of the method of crime, the amount of damage, the number of victims, etc., as it acquired profits in the form of mobile small payment, etc. after Defendant A terminated the status of suspension of use of mobile phone in the position of mobile communications station without consent of the victims while serving in the position of mobile communications station.

However, it appears that Defendant A recognized the instant crime and had been committed against the victim through detention for three months from the first instance court to the three-month period, agreed with a considerable number of victims (two of the co-crimes, five of the part of the sole crime part), and made efforts to recover them, such as partial repayment of damage to other victims, and there is no change in circumstances that may be considered in sentencing after the sentence of the lower judgment, and considering the circumstances favorable to Defendant A, the circumstances following the instant crime, the circumstances after the instant crime, the age of Defendant A, sexual behavior, environment, etc., the Prosecutor’s assertion is without merit, and thus, it is not recognized that the lower court’s punishment is too unreasonable.

Defendant

B We examine Defendant B and Prosecutor’s argument together.

The crime of this case (including fraud using a computer) committed by Defendant B while working for a mobile communications agency without the consent of the victims, acquired profits, such as mobile small chips, by re-issuance of the core chips, or by deceiving the victims, thereby taking advantage of the amount of mobile phone and fee.

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