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(영문) 대구지방법원 2019.10.31 2019노3129

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentencing of the court below (for six months of imprisonment, No. 1 and No. 2) is too unreasonable.

2. The judgment defendant recognizes a mistake and reflects it, and has no record of criminal punishment for the same kind of crime.

However, the crime related to Bosing is committed in a systematic, planned, and intelligent manner to cause serious damage to many unspecified victims, and it is not easy to recover the damage, and there is a need to punish the persons who committed the crime in a general and preventive manner because the social harm caused by it is very serious.

There are several means of access delivered by the accused, and they were used in actual crimes of Bosing fraud.

In full view of the following circumstances, including the Defendant’s age, character and conduct, environment, family relationship, motive, background, means and consequence of the crime, etc., and the fact that there are no special circumstances or changes in circumstances that may change the sentencing of the lower court after the crime, the lower court’s sentencing is not unfair.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the conclusion is groundless.

(However, in accordance with Article 25(1) of the Rules on Criminal Procedure, the "crimes" in Section 11 of the judgment of the court below is committed ex officio, and the "crimes" in Section 2 of the judgment of the court below shall be committed