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(영문) 대구지방법원 2017.08.25 2017노2577
전자금융거래법위반등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence (one year of imprisonment, confiscation) imposed by the prosecutor by the court below is too unhued and unreasonable.

B. The sentence imposed by the lower court is too unreasonable.

2. We examine both the judgment prosecutor and the defendant's argument of unfair sentencing.

The crime of transfer of access media, etc. requires strict social punishment, such as undermining the general trust of the people in the name of financial transaction, arresting those who committed various crimes, such as telephone financing, fraud, etc., and making it difficult for them to recover damage to victims, etc. The Defendant, together with accomplices, established a related corporation, and subsequently planned and organized the crime of transferring access media by opening a passbook in the name of the above corporation. The period during which the Defendant participated in the crime is long, and the transferred access media was used for crimes such as scaming and Internet gambling beyond the Republic of Korea as well as overseas, and the Defendant’s whereabouts was exposed to the investigative agency to escape, thereby hindering the proper criminal judicial action of the State.

On the other hand, there are more favorable circumstances such as the fact that the Defendant recognized the instant crime, the first offender, and the fact that F and G were arrested among the accomplices on the following day of the Defendant’s criminal escape crime, and that it seems that the degree of undermining criminal judicial action due to the Defendant was not significant.

In full view of the above circumstances and other factors of sentencing as well as the Defendant’s age, sex, environment, circumstances leading to the commission of the crime, circumstances after the commission of the crime, etc., the sentence imposed by the lower court does not seem to be too weak or unreasonable.

Therefore, both prosecutor and defendant's assertion are without merit.

3. If so, the appeal by the prosecutor and the defendant is without merit. Thus, all of the appeals by the prosecutor and the defendant are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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