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(영문) 서울중앙지방법원 2016.08.11 2016노1788
전자금융거래법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment and confiscation) is too unreasonable.

B. The Prosecutor’s sentence is too uneased and unreasonable.

2. The grounds for appeal by the Defendant and the Prosecutor are also examined.

The instant crime is a so-called “scaming,” which is organized, planned, and intelligent, and the nature of the instant crime is not good, and the damage therefrom is broad, and the Defendant shared an essential role as a means to withdraw the instant crime by defraudation of KRW 8277,00,00 in total while managing 29 approaching media, and the fact that the damage caused by the instant crime has not been recovered is disadvantageous to the Defendant.

However, taking full account of the following factors: (a) the defendant's wrong recognition and reflects the defendant; (b) the defendant has no record of criminal punishment in the Republic of Korea; (c) the scope of the recommended sentence according to the sentencing guidelines set by the sentencing committee of the Supreme Court [one year and six months-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-year-old; (d) the basic area of punishment; (b) simple participation; (c) a special person subject to special aggravated punishment: (d) the defendant's age, sexual behavior, environment, motive, means and consequence of the crime; and (e) other factors of all the sentencing specified in the records and theories of this case, including the circumstances after the crime, etc., it cannot be deemed that the sentencing of the court below goes beyond the reasonable scope of discretion, or is too heavy or unfair by frighting

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, as there is no reasonable ground.

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