공전자기록등불실기재등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court (one year and four months of imprisonment, and confiscation) is too unreasonable.
B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.
2. We examine the reasoning of the judgment and the prosecutor together.
In the first instance, the Defendant recognized all of the instant crimes, the Defendant started the instant crimes with the proposal of his accomplice K, and was not in the position of planning and leading the instant crimes as a whole, and the Defendant appears to cooperate with the investigation by informing other accomplices who have not yet been arrested after the arrest of the Defendant, and only three times the punishment has been imposed by a fine so far are favorable to the Defendant.
Meanwhile, the crime of this case committed by the Defendant, in a systematic and planned manner, was established by the offender and distributed in large quantity access media, such as passbooks, cash cards, connected to the account opened in the name of the juristic person. As such, it is highly likely that such circulation media may be abused for other crimes, including the crime of Bosing, the crime of this case is necessary. The Defendant actively recruited many persons who will provide the name of the representative of the juristic person, and assist them to establish a juristic person and establish an account.
It cannot be seen that the period of participation by the Defendant in the instant crime exceeds one year, and the criminal proceeds acquired by the instant crime is considerable, and the Defendant continues to commit the instant crime even after the Defendant was detained, including K, and the Defendant was subject to suspension of indictment due to the violation of the Electronic Financial Transactions Act in 2014, etc., which are disadvantageous to the Defendant.
When comprehensively taking into account all these circumstances, the sentencing conditions such as age, sex, environment, family relationship, equity with the sentence imposed by accomplices, etc., the lower court.