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(영문) 서울중앙지방법원 2015.04.30 2015노600
전자금융거래법위반
Text

Defendant

All appeals filed by C and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s imprisonment with labor for the Defendant C (unfairly unfair) is too unreasonable.

B. The lower court’s punishment against the Defendants (e.g., Defendant A’s imprisonment for 10 months, Defendant B’s imprisonment for 1 year and 6 months, and Defendant C’s imprisonment for 10 months) is too uneased and unreasonable.

2. Since the Defendants’ nature of each of the instant crimes is extremely poor, it is inevitable to severely punish the Defendants.

However, in the case of Defendant B, the amount of damage is not so significant, and in the case of Defendant A, the means of access that has been transferred or acquired is not much significant.

Defendant

In the case of C, the degree of involvement is not very important, but it was the delivery date of the electronic financial transaction means for a considerable period in addition to the institution of public prosecution.

In full view of such circumstances and other circumstances as the Defendants’ age, career, character and conduct, punishment, power, home environment, etc., the lower court’s punishment against the Defendants is adequate and is so unfair as to be too uneasible.

It is not recognized that the punishment against Defendant C is too unreasonable because it is too unreasonable.

3. Accordingly, the appeal by Defendant C and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by Defendant C and the prosecutor is groundless.

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