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(영문) 서울북부지방법원 2013.11.01 2013노1085
사기방조등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (one year and six months of imprisonment, two years of suspended execution, and probation) declared by the court below is too unfased and unreasonable.

2. On the other hand, the judgment of the court below is that the crime of this case aiding and abetting and abetting the above fraud by facilitating the so-called 28 electronic financial transactions by transferring or taking over 28 means of access to the so-called singinging criminal investigation officers, and thereby allowing them to commit the above fraud, and the acquisition of the means of access is not easy, and the amount of the means of access is not small. The crime of Boing and aiding and abetting and abetting by the defendant is closely planned and systematically against many and unspecified persons, and the damage is significantly inflicted on many victims in a short-term period, and there is a structural characteristic that is not easy to recover from damage, and thus, there is a need to punish the person who participated in the crime of fraud.

However, in full view of the following circumstances: (a) the Defendant led to the confession of the instant crime; (b) the Defendant appears to have obtained benefits from the instant crime; (c) the Defendant appears to be old and healthy; (d) the Defendant does not have any record of crime since 1996; (b) the Defendant took part in the instant crime; (c) the degree of the Defendant’s participation in the instant crime; and other various circumstances, including the motive for the instant crime; (d) the character and conduct of the Defendant; (e) the character and conduct of the Defendant; (e) the environment, family relationship; and (e) the circumstances after the instant crime, etc., as prescribed in Article 51 of the Criminal Act, which are revealed in the records and pleadings, the Defendant

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

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