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(영문) 청주지방법원 2016.09.01 2016노668
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The main points of the grounds for appeal are as follows: each sentence of the lower court (each of 8 months of imprisonment, confiscation) against the Defendants is too unreasonable.

2. Circumstances favorable to the Defendants are as follows.

The Defendants are divided into the instant crime and are against the Defendants.

The physical cards acquired by the Defendants through arrest of the Defendants during the commission of the crime were not actually used for the crime of Bosing.

Defendant

A is an initial offender, and Defendant B has no record of criminal punishment except a fine imposed once.

The circumstances unfavorable to the Defendants are as follows.

The so-called telephone financial fraud crime, such as scam, is committed not only in total but also systematically and systematically through the participation of subordinate officers, such as withdrawal books, remittance books, solicitation books of passbooks, and credit card delivery books, and it is not good that many unspecified victims will be massed to commit a crime.

The Defendants’ involvement in the solicitation of a means of access used in telephone financial fraud crimes cannot be deemed to be somewhat weak to the degree of the commission of crime.

In addition, considering the Defendants’ age, character and conduct, career, environment, background and consequence of the crime, and all of the sentencing conditions indicated in the instant records and pleadings, such as the circumstances after the crime, it cannot be deemed that the lower court’s respective punishment against the Defendants is too unreasonable.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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