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(영문) 부산지방법원 2016.01.14 2015노3524
전자금융거래법위반
Text

Defendant

All appeals filed by the Defendants B, C and the Prosecutor are dismissed.

Reasons

1. The gist of the grounds for appeal is that the court below decided that Defendant A shall be sentenced to one year and six months of imprisonment, one year and two months of imprisonment for Defendant B, and one year and two months of imprisonment for Defendant C and eight months of imprisonment for Defendant C, respectively. In light of the various sentencing conditions, the prosecutor asserts that the sentence of the court below against the Defendants is too uneasible and unfair, and that Defendant B and C are so unfair that the sentence of the court below is too unreasonable.

2. The crime of keeping the electronic financial transaction access media of this case upon the prosecutor's appeal against Defendant A is deemed to have kept a physical card, etc. in order to use it for other serious crimes, such as singing crimes. The singing crime is not only deemed to have a large damage to a large number of victims within a short period, but also has structural characteristics that are not easy to recover damage, and there is a need to strictly punish a person who directly or indirectly involved in the crime since the trust relationship with the entire society has no choice but to have a significant adverse effect on the whole society. Defendant A received and retained 62 or more electronic financial transaction access media together with the rest of the Defendants, by proposing the rest of the Defendants to commit the crime, and it appears to have played a leading role, such as withdrawing the cash transferred to the account of the access media and delivering it to the staff of the fraudulent crime, etc., which appears to have been disadvantageous to Defendant A.

However, Defendant A was an initial offender with no record of crime, and the age of Defendant A was below the age of 19; Defendant A revoked appeal against the judgment of the court below as Defendant A fully recognized each of the instant crimes and reflected their depth; and other various circumstances, which form the conditions for sentencing specified in the records and theories of the instant case, including Defendant A’s character and behavior, growth environment, motive and circumstance of the crime, and circumstances after the crime, and the sentencing guidelines of the Supreme Court sentencing committee.

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