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(영문) 서울중앙지방법원 2015.10.22 2015노3176
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The Defendants asserted that, on the grounds of the instant appeal, the lower court’s punishment against the Defendants (six months of imprisonment by each of the Defendants) is too unreasonable.

The crime of this case is a case where the Defendants reflects the mistake in depth, and there are family members who should support the Thailand, and the degree of participation is insignificant and there is almost no profit acquired from the crime of this case. However, the crime of this case is a case where the Defendants establish a company to commit another crime and illegally transfer and utilize the means of access, and the crime is planned, intelligent, and organized, and even if the Defendants did not lead the crime of this case, the degree of participation is insignificant.

In full view of the aforementioned circumstances, the lower court’s sentencing against the Defendants cannot be deemed unfair because it goes beyond the reasonable scope of discretion, based on the following circumstances: (a) the background and method of the instant crime; (b) the motive and motive of the crime; (c) the degree of the Defendants’ participation; and (d) the age, character and conduct, career, home environment, and history of punishment; and (c) the overall circumstances, which form the conditions for sentencing as shown in the record and the oral argument

Therefore, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since there is no reason to do so.

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