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(영문) 인천지방법원 2016.12.23 2016노4485

전자금융거래법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., both forms of imprisonment and confiscation) are too unreasonable.

2. The defendants recognized the facts of the crime as a whole and reflects the depth of the crime, and Defendant A is the first offender, and Defendant B has no criminal record exceeding the fine. However, the circumstances leading up to the acceptance of the means of access are to withdraw illegal money; the means of access is to be obtained by the Defendants; the Defendants’ act of soliciting means of access is inevitable in order to eradicate crimes such as the scaming crime or the operation of an illegal gambling site; and other various circumstances, including the Defendants’ age, character and behavior and environment; the motive, means and consequence of the crime; and the circumstances after the crime, etc., which are the conditions of sentencing as shown in the records, do not seem to be unreasonable. Accordingly, each of the Defendants’ respective arguments are without merit.

3. As such, the Defendants’ respective appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since they are without merit. It is so decided as per Disposition.