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(영문) 창원지방법원 2015.04.01 2015노292
컴퓨터등사용사기
Text

The Defendants’ appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment sentenced by the court below (one year of imprisonment) is too unreasonable.

2. The crime of this case is found to have been committed in collusion with Defendant C, by allowing the data processing in collusion with Defendant C to enter the data processing device, without authority, and thereby obtaining property benefits by transferring a sum of KRW 20 million to the Internet banking account in the name of the Defendant. The Defendants conspired with Defendant A, B, etc. by accessing the victims’ Internet banking account in collusion with the same manner, and acquired property benefits by transferring KRW 624.8 million to the Defendants’ Internet banking account in the name of the Defendants. The Defendants recognized the crime of this case. The Defendants are against the recognition of the crime of this case. The Defendants recognized that the crime of this case was committed, and the Defendant D deposited KRW 10 million with Defendant C and five million with Defendant A, respectively. In the case of Defendant D, it is necessary to consider equity with the case of concurrent crimes in which the judgment became final and conclusive (the Changwon District Court 2013Da9399) and the latter part of Article 37 of the Criminal Act.

However, in that the crime of this case was committed systematically and systematically, and was committed as an unspecified victim through hacking program, it is extremely poor in the number of crimes, the amount of damage reaches a considerable amount, the damage was not completely recovered, and the defendant C had a criminal record of the same kind of crime. It is recognized that there is no change of circumstances that can be newly considered in sentencing after the decision of the court below. The Supreme Court sentencing guidelines of the Sentencing Commission are applied (the scope of recommendations for fraud by using computers, etc.: from 1 year to 9 months, from 3 years from 1 year to 9 months from 1 year, from 2 years from 3 special persons, and from 3 years from 1 year to 3 years from 3 special persons, the defendants' age and age.

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