전자금융거래법위반등
All appeals by the defendant and the prosecutor are dismissed.
1. Summary of grounds for appeal;
A. The sentence imposed by the lower court on the Defendant (ten months of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. The crime of this case is deemed to be highly serious in light of the content and method of the crime, and the number of corporations established by fraud, and the number of accounts and the number of access media in the name of the corporation, etc. in light of the following: (a) the defendant was established to hear the so-called "age-based corporation" by sharing an organic role in a systematic and organic manner; (b) the defendant established a false medium, and then take profits from the establishment of an access medium in the name of the corporation; or (c) the bank interferes with the business of opening an account.
Such crimes are highly likely to undermine transparency in financial transactions and disrupt financial order, and they are used in crimes with great social harm, such as Bosing or illegal sports gambling, and have a significant adverse impact on society, such as massing of victims of good faith. Therefore, it is necessary to strictly punish them.
Considering these circumstances, the sentence of sentence on the defendant is inevitable.
However, the Defendant is against the recognition of the entire crime of this case, and the role of the Defendant does not seem to have led to the entire crime.
The defendant is a first offender with no criminal history, and the defendant's leakage or the defendant's leader want to take the measures while leading the defendant.
In full view of these circumstances and the sentencing conditions as shown in the instant records and arguments, including the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, etc., the sentence imposed by the lower court is determined to be within the appropriate range of sentence corresponding to its liability, and the sentence is too heavy or unreasonable.
Therefore, the defendant and the prosecutor's argument are accepted.