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(영문) 의정부지방법원 2018.01.22 2017노3402

전자금융거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (two years of imprisonment, confiscation) is too unreasonable.

2. The circumstances favorable to the defendant include the fact that the judgment defendant did not have any criminal history and led to the confession of the crime, and that the court below agreed with the victims related to the appraisal cost.

However, by misrepresenting the real estate brokerage office, the Defendant took part in the systematic fraud crime by deceiving the money from the victims who request real estate transactions in terms of the appraisal cost, and took part in the crime, and acquired and supplied the access media to be used for the crime from the job seekers and withdrawn and delivered the damage money deposited in terms of the appraisal cost.

This is a crime that covers a large number of unspecified victims, undermines the trust of the real estate brokerage system, and uses an imminent situation of job seekers, and the nature of the crime is very heavy.

In addition, considering the circumstances of sentencing indicated in the record, such as the background, method and consequence of the crime, the circumstances after the crime, the role of the defendant entrusted, the age of the defendant, and the sexual conduct, the sentence of the court below is too unreasonable.

3. In conclusion, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act (Provided, That in accordance with Article 25 (1) of the Regulation on Criminal Procedure, Article 25 (1) of the Regulation on Criminal Procedure, Article 25 (3) 9 of the decision of the court below "Physical Card in the course of committing a crime" is corrected as "the physical card is dismissed as "the person who has no name."