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(영문) 서울중앙지방법원 2015.11.06 2015노3409

전자금융거래법위반등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the sentence imposed by the court below (one year and six months of imprisonment, three years of suspended execution, two years of probation, confiscation) is too unhued.

2. There is a need to strictly punish singing crimes, such as the instant case, in that it is a systematic fraud crime that leads to a large number of victims, and its social harm is serious.

In the crime of this case, the Defendant may be deemed to have taken over the means of electronic financial transactions according to the instructions of his accomplices and take charge of withdrawing money using the means of access. However, the role is an essential part essential to the establishment of the crime, and the need for strict punishment for subordinate officers even in order to eradicate such crime is large.

However, in full view of all the sentencing factors indicated in the arguments of this case, such as Defendant’s age, character and conduct, environment, motive and circumstance leading to the instant crime, circumstance after the instant crime, etc., it is not recognized that the lower court’s punishment, which suspended the execution of imprisonment on condition that probation is imposed, is too unreasonable, is unreasonable, as it appears that the Defendant had no record of punishment for the same kind of crime, Defendant appears to have participated in the instant crime to raise living cost and health-friendly medical expenses. The number of times the Defendant participated in the instant crime is not much the number of times, and it appears that there are no profits acquired therefrom.

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