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(영문) 수원지방법원 2014.10.30 2014노3246
컴퓨터등사용사기
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.

Reasons

[Judgment as to the Reasons for Appeal] The defendant asserts that the sentencing of the court below (two years of imprisonment) is too unreasonable, while the prosecutor asserts that the sentencing of the court below is too uncomfortable.

However, each of the crimes of this case committed in collusion with a name in the name of the Defendant, etc., by deceiving 570,621,577 won in total from 18 victims under the so-called “walphishing,” and there are circumstances unfavorable to the Defendant, such as the following: (a) the extent of damage is large and the method of the crime is organized, planned, and intelligent; and (b) the Defendant has no considerable profit in return for each of the crimes of this case.

However, in the court below, the defendant agreed with the victim V (amount of damage KRW 9.7 million), R (amount of damage KRW 6 million), M (amount of damage KRW 7.6 million), and expressed his intention that the above victims do not want to be punished against the defendant. In the court below, the defendant agreed to pay KRW 20 million to the victim T (amount of damage KRW 14.2.8 million) and agreed to agree with the victim R and Q (amount of damage KRW 6.0 million), and expressed his intent that the above victims want to take the measures against the defendant. The crime of this case was withdrawn from the victim's deposit according to the direction of the criminal organization, and the defendant was not led by the defendant, the defendant did not have the same criminal records and criminal records beyond the same kind of criminal records, the fact that the defendant did not have any wrong recognition, and all other circumstances that constitute the conditions for sentencing specified in this case are inappropriate.

As such, the appeal by the defendant is justified. Thus, the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and the appeal is again decided as follows.

(2) In the event that an appeal by the defendant is accepted and the judgment of the court below is reversed, the prosecutor's appeal shall not be dismissed).

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