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(영문) 서울남부지방법원 2016.12.02 2016노1926
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (one year and two months of imprisonment to Defendant A, and ten months of imprisonment to Defendant B) is too unreasonable.

2. Determination ① There is no record that Defendant A was punished for the same kind of crime, Defendant B had no record of criminal punishment in the Republic of Korea, and Defendants recognized the instant crime is favorable.

(2) However, in full view of the following circumstances: (a) Defendant A promised to receive or promise the price and delivered and stored several means of access that can be used for crimes, (b) Defendant B had been aware that they could be used in the crime; (c) having kept several means of access; (b) the Defendants’ act of delivering or keeping the means of access is a substantial part of the total crime committed in the form of an organization, and need to be punished strictly; and (c) other circumstances that form the conditions for sentencing, such as the background, means, results, and circumstances after the crime in this case, the sentence of the lower court cannot be deemed as unjust.

3. As such, the Defendants’ appeal is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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