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(영문) 수원지방법원 2014.05.15 2014노1487
사기등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The seized ELSH460 cell phones.

Reasons

1. The fact that it appears that the personal seal impression, etc. sold by the defendant through deception is used as a means of other phishing crimes because the defendant had been used as a means of other phishing crimes, the fact that the defendant opened a corporate account and sold it to H head of H office, etc. by actively deceiving the victims to commit the crime of aiding and abetting and selling the means of access; the amount of damage caused by fraud, computer, etc. is more than KRW 100 million; the victims' damage has not been completely recovered; the victims have been punished for the same kind of crime in 2009; the fraud, such as phishing, was committed with the history of punishment for the same crime in 209; the social harm is serious; even if the transfer of the passbook, etc. does not directly participate in the criminal act of fraud, it is unfavorable for the defendant to strictly punish the defendant by providing an important means of crime and using it in the concealment of the principal crime; on the other hand, the defendant's age and circumstances that the defendant did not have any benefit from the criminal act of fraud;

2. The judgment below is reversed pursuant to Article 364(6) of the Criminal Procedure Act, and the defendant's appeal is with merit, and the judgment below is ruled as follows.

Criminal facts

Criminal facts and evidence recognized by the court as the substance of such facts and evidence.

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