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(영문) 의정부지방법원 2016.02.02 2015노3106
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

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

2. The defendant's act of causing the crime of this case to be committed because he/she is unable to maintain his/her livelihood, and again he/she does not commit such crime.

It is the reason to consider.

However, despite the fact that the Defendant was punished for violating the Electronic Financial Transactions Act, it is not good to form and transfer so-called “large passbook” by establishing the company as its representative, and the above act of transferring the passbook can be abused for the crime No. 2, such as the Bosing Crimes. Therefore, there is a need to strictly punish the above act of transferring the passbook, and the establishment of gambling sites by using the passbook, etc. actually transferred, and other various sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, sexual behavior, environment, motive, means, means, and consequence, etc., are comprehensively taken into account, the sentence of the lower court is too too unreasonable.

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.

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