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(영문) 울산지방법원 2019.09.19 2019노649

공전자기록등불실기재등

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below (six months of imprisonment) is too unreasonable, due to the summary of the grounds for appeal.

2. As to the grounds for appeal of this case, the Defendant made confession of each of the crimes of this case and reflects his mistake, the Defendant did not commit each of the crimes of this case at the leading position, but committed the crime of establishing a disguised corporation by receiving monthly wages from AG employees, and the Defendant’s each of the crimes of this case is in the relation of the crime of violating the Electronic Financial Transactions Act, which became final and conclusive on April 13, 2019 and the crime of concurrent crimes under the latter part of Article 37 of the Criminal Act, and thus, should take account of equity with the case to be judged simultaneously.

However, the Defendant’s each crime of this case was established 28,00,000, and it was made under the name of the above-mentioned corporation by means of access, such as financial transaction account and the card therefor, and since such means of access have been used in the operation of the illegal sports soil site, the nature of the crime is not good in that the crime and the result of the crime have become additional means of crime. The Defendant established a systematic and systematic floating corporation, which is highly likely to further criticism, and the Defendant appears to have acquired 14,00,000,000 won per each other, which is the external old-age corporation receiving monthly salary from AG. Each of the crimes of this case is the crime committed during the period of repeated crime, and the same history appears to have high risk of repeating the crime, taking into account all other circumstances such as the Defendant’s age, character and conduct, environment, motive and background leading up to the crime of this case, its means and result, and the circumstances of sentencing after the crime, etc., it cannot be deemed unfair for the court below to have pronounced punishment too.

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