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(영문) 의정부지방법원 2016.01.28 2015노3320

전자금융거래법위반등

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The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (the imprisonment of eight months) is too unreasonable.

2. Determination

A. It is recognized that the fact that the Defendant was in the first instance and all of the crimes of this case, and that the benefits acquired by the crime of this case are not significant.

B. However, the Defendant played a role in delivering a cash card to the withdrawal books of the criminal organization of Bosing “Singing” in return for payment. “Singing” is merely planned and organized against many and unspecified persons, causing serious damage to a large number of unspecified persons, and it is not easy to recover damage from damage. Although it is a serious crime, the Defendant’s personal gains are not significant.

Even if the delivery of the Defendant’s cash card is an essential role in the crime, it is necessary to punish the Defendant’s act of delivering 16 copies of the cash card to his accomplice C, who withdraws 16 copies of other person’s cash card, and actually used for the crime, such as the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, circumstances before and after the instant crime, and other various sentencing conditions as shown in the argument of this case, the lower court’s punishment is too unreasonable.

(c)

Therefore, the defendant's above assertion is without merit.

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