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(영문) 수원지방법원 2015.10.15 2015노4003

전자금융거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s imprisonment (one year and six months of imprisonment, and confiscation) is too unreasonable.

2. It is true that there are favorable circumstances, such as the fact that the defendant's mistake is against his depth, the period of participation in the crime of this case is relatively long, and the amount of profit actually acquired by the defendant seems not to be substantial, and the first offender who has no record of criminal punishment in Korea. However, this case is a crime that leads to the crime of this case in collusion with other domestic accomplices in China in collusion with the defendant in the so-called "Ssinging" fraud and the Electronic Financial Transactions Act. Since social harm and injury caused to the defendant was very large and highly likely to cause severe criticism, the defendant actively participated in the role of withdrawing cash in the crime of this case, and all the kinds of sentencing conditions shown in the argument of this case, including the defendant's age, character and behavior, environment, family relationship, motive and circumstance of the crime of this case, and circumstances after the crime, etc., the defendant's above assertion is not reasonable. Thus, the above argument of the defendant is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.