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(영문) 의정부지방법원 2016.04.21 2016노461
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

(a) Articles 40 and 50 of the Criminal Procedure Act;

1. Selection of each sentence of imprisonment;

1. It is recognized that there are family members (child and child) who should support the defendant for the reason of sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act that aggravated concurrent crimes, and there are no criminal records of the same kind of imprisonment or of the suspension of execution of imprisonment.

However, the defendant's crime is a crime that encourages a speculative spirit by allowing many unspecified people to easily gambling through the Internet site, and disturbs the awareness of sound labor, and damages the stability of electronic financial transactions and the general trust of the people, and thus, it is necessary to strictly punish it.

The defendant plays a key and leading role in the crime committed by multiple people in a systematic manner, and the scale of the crime is not small.

The above circumstances and other factors, including the defendant's age, sexual conduct, environment, family relationship, motive and background of the crime, means and consequence of the crime, and the circumstances of the crime in this case, shall be comprehensively considered and sentenced to the sentencing guidelines established by the Supreme Court sentencing committee (one year to six years) [the violation of the National Sports Promotion Act] [1 year to six years] and the aggravated area (one year to four years) of the three types of illegal sports gambling, etc. (one year to six years)] * Where a group of persons play a leading role in planning or implementation of the crime or play a key role in the case of organized crimes by sharing their roles [the establishment of gambling space] where a group of persons play a leading role in the crime or play a leading role in the establishment of gambling place (one year to six years), etc.

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