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Defendant
All appeals by prosecutors are dismissed.
Reasons
1. Summary of grounds for appeal;
A. The sentence of the lower court (three years of imprisonment) is too unreasonable.
B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.
2. We also examine the Defendant and the Prosecutor’s assertion of unreasonable sentencing.
The defendant recognized and reflected the crime of this case, and the victim E, P, N,O, Q, and the victim did not want to be punished against the defendant in the trial.
On the other hand, the crime of fraud in this case is planned and organized against many unspecified persons, and the nature of the crime is very poor, and it is necessary to punish the subordinate officials' participation in the crime in order to suppress such a singing crime.
The crime of violating the Electronic Financial Transactions Act is the acquisition of the means of access by a financial institution used in the electronic financial transaction, and there is a need to punish the Defendant as having attempted to use it as a means of committing the crimes of Bosing
The Defendant had been punished twice for the same crime of Bosing fraud as in the instant case, and in particular, the Defendant committed the instant crime at least 20 days after the sentence of imprisonment was served and released due to the crime of Bosing fraud.
In addition, taking into account the following circumstances, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the conditions for sentencing as indicated in the instant records and pleadings, the sentence imposed by the lower court is deemed appropriate, and it cannot be deemed that it is too heavy or too unreasonable.
Therefore, the above argument by the defendant and the prosecutor is without merit.
3. In conclusion, the appeal by the defendant and the prosecutor is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.