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(영문) 서울동부지방법원 2015.08.12 2015노686

전자금융거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court against the accused (one year of imprisonment) is too unreasonable.

2. It is recognized that the judgment is that the defendant has both the time of committing the crime and reflects the mistake in depth, that is, economic difficulty is likely to lead to the remaining crime, that long-term detention of the defendant is likely to involve a difficult situation for his dependants, and that there is no criminal records sentenced to imprisonment for a limited term of imprisonment.

However, in full view of the following: (a) the crime of this case was committed with the knowledge that it would be used in the so-called “Singing” crime, the means of access is transferred, and the crime was acquired using the “Singing” crime; (b) the nature of the crime was inferior; (c) most damage was not recovered; and (d) the victims did not have been used; (d) the Defendant had been sentenced twice a suspended sentence and six times a fine due to fraud; and (e) other various circumstances that form the conditions for sentencing, including the Defendant’s age, occupation, and environment, the sentence imposed by

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.