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(영문) 서울중앙지방법원 2015.07.02 2015노1224
컴퓨터등사용사기등
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.

Seized evidence 1 to 5 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant 1’s fraud from among the facts charged in this case’s assertion of mistake of facts or misapprehension of legal principles, the Defendant’s act was arrested before the commission of the Defendant’s accomplice’s crime was completed or before the Defendant and his accomplice started the commission of the crime, and thus, the Defendant’s act does not constitute a attempted use of computer, etc., or a crime is not committed since there was no penal provision on preliminary or conspiracy. Nevertheless, the lower court convicted the Defendant of this part of the facts charged. (2) The lower court’s punishment against the Defendant claiming unfair sentencing (one year of imprisonment) is too unreasonable.

B. The lower court’s sentence against the Defendant is too unhued and unjust.

2. Determination

A. In full view of the evidence duly adopted and examined by the lower court and the lower court as to the Defendant’s assertion of mistake of facts or misapprehension of legal principles, the lower court’s judgment that found the Defendant guilty of the instant facts charged is justifiable, and there is no error of misunderstanding of facts or misunderstanding of legal principles as alleged by the Defendant.

Therefore, the defendant's above assertion is without merit.

1. According to the above evidence, the following facts are acknowledged.

① The Defendant and his accomplice misrepresented a large number of unspecified persons to the Financial Supervisory Service, thereby “influent personal information, such as financial transaction information, on the website to prevent secondary divulgence, because such information has been leaked,” and the Defendant and his accomplice, by means of acquiring such information and transferring it to another person’s deposit account in which the victim’s account is prepared in advance by taking advantage of the information, if the person entered his/her own financial transaction information on the website that was established by Defendant daily wage.

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