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(영문) 의정부지방법원 2017.11.14 2017노2281
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. The judgment of the defendant is that the defendant opened a passbook for the purpose of sale by false establishment of a juristic person and opened a bank account under the name of the juristic person and transferred the passbook, check card,OTP, security card, and password connected to the above account, and the nature of the crime is not good.

Since the transfer of such access media is widely used for financial crimes such as Bosing and lending fraud, money laundering, and concealment of proceeds from the operation of illegal gambling sites, it is necessary to punish the defendant strictly because social harm and injury is large.

On the other hand, the defendant recognized the crime of this case and opposed to the mistake.

Although the account transferred by the Defendant was used for illegal gambling, it was not used for the phishing crime, and it seems that he participated in the crime as a nominal lender for the purpose of preparing living expenses by suffering economic difficulties from the young age.

There is no record of punishment in addition to the punishment of a fine due to the crime of bodily injury in 2013.

The court below, in light of these circumstances, has determined a sentence by comprehensively taking into account all the conditions of sentencing as shown in the argument of this case, including the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc. The sentencing of the court below appears to have been conducted within the reasonable scope of discretion, and circumstances alleged by the Defendant in the trial at the court below have already been sufficiently considered in determining the punishment, and there are no other new data to change the sentencing of the court below.

Therefore, the punishment sentenced by the court below cannot be deemed to be unfair because it is too large.

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, and it is so decided as per Disposition (Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is dismissed.

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