beta
(영문) 서울중앙지방법원 2015.07.16 2015노1940

전자금융거래법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentence of the lower court (the imprisonment of August and confiscation of the Defendant A, the imprisonment of February 1 and the confiscation of the Defendant B) is too unreasonable in light of the summary of the grounds for appeal.

2. It is recognized that the Defendants were the first offender in Korea and the period of participation in the instant crime was only one day.

In addition, Defendant B agreed with the victims of fraud.

However, the crime of this case is to keep the means of access used by the Defendants for the so-called Bosing, and Defendant B was actually engaged in the act as a means of withdrawal of Bosing, and even if the participation period is short, the degree of the Defendants’ participation as a whole as the means of solicitation of passbooks or withdrawal of the entire Bosing organization cannot be deemed as minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

In full view of the sentencing guidelines for fraud and other circumstances that are the conditions for sentencing as shown in the records, such as the Defendants’ age, career, character and conduct, family environment, the lower court’s punishment against the Defendants is too unreasonable.

3. Accordingly, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit.