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(영문) 대전지방법원 2013.12.11 2013노1305
컴퓨터등사용사기
Text

The defendant's appeal is dismissed.

Reasons

1. In light of all the circumstances, such as the fact that the defendant is against the nature of the grounds for appeal (e.g., the form of punishment in question) and the fact that the victim and the victim have agreed smoothly at the time of the trial, the punishment sentenced by the court below is too unreasonable.

2. It is recognized that the judgment of the defendant was given the time to commit the instant crime and his mistake is divided, and that the victim did not want the punishment of the defendant by mutual consent with the victim in the first instance.

However, the crime of this case was committed on seven occasions from September 6, 2012 to October 12, 2012 by purchasing cultural products rights, etc. on seven occasions by using only one bank at the same university dormitory without authority, and by using the victim D's mobile phone number, resident registration number, and authentication number and inputting them into a computer. The defendant acquired financial benefits equivalent to KRW 485,688 by repeatedly using personal information on seven occasions, and it is not good for the crime to be committed in light of the method and frequency of the crime. In full view of all other circumstances, including the defendant's age, character and behavior, environment, motive and circumstance leading to the crime of this case, and circumstances before and after the crime, etc., even if considering the circumstances submitted by the victim during the trial, the court below's punishment is deemed to be adequate and too unreasonable. Thus, the above defendant's assertion is without merit.

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

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