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(영문) 광주지방법원 2018.05.31 2018노1054

전자금융거래법위반

Text

Defendant

All appeals filed by A and B and prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Each sentence of the lower court against Defendant A, B, and B (Defendant A: Imprisonment with prison labor for a year and six months, Defendant B: Imprisonment for a year and six months, and confiscation) is too unreasonable.

B. Each sentence of the lower court against the Defendants by the prosecutor (Defendant C: 8 months of imprisonment, 2 years of probation, 1 year of protection observation, community service, 80 hours, confiscation, and 7 million won of fine) is deemed to be too uneasy and unfair.

2. The fact that the Defendants recognized and reflected their mistakes, and in the case of Defendant A, the principle of equity in the case of concurrent crimes with the violation of the Act on Electronic Financial Transactions in the judgment of the court below, which became final and conclusive, should be considered. In the case of Defendant C, the degree of participation in the crime is relatively heavy and there is no record of punishment exceeding the suspension of execution of the same criminal record and imprisonment.

On the other hand, the crime related to the media of this case, such as this case, can be abused for other crimes such as Bosing, etc. and thus massing a large number of victims, and the fact that Defendant A and B committed the crime of this case again even though they had been punished for the same crime, and were in the period of repeated crime due to the fact that they committed the crime of this case.

In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances following the instant crime, the Defendants’ age, sexual conduct, environment, etc., and the various sentencing conditions indicated in the instant records and arguments, it is not deemed unfair because each of the lower court’s punishment is too heavy or it is difficult to view that the Defendant A, B, and the Prosecutor’s assertion is without merit.

3. Conclusion, Defendant A and B’s appeal and the prosecutor’s appeal against the Defendants are without merit, and all of the appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.

참조조문