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(영문) 의정부지방법원 2017.12.21 2017노3089
전자금융거래법위반등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment of one year and six months.

seizure.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendants (one year of imprisonment, confiscation, four months of imprisonment, confiscation, and confiscation, one year and six months of imprisonment, six months of confiscation, and six months of imprisonment, and seven months of imprisonment) is too unreasonable.

B. The above punishment, which the court below decided against the Defendants, is too unhued and unfair.

2. According to the record of ex officio determination (Defendant C), Defendant C appealed on October 11, 2016, on the grounds of imprisonment with prison labor for a violation of the law related to credit-based financial business, for six months, and for two years of suspended execution (Seoul Eastern District Court 2016 High Court 2208 High Court 208, Seoul Eastern District Court 201). The appellate court dismissed the appeal on August 11, 2017, and the said appellate court’s judgment became final and conclusive on August 19, 2017, and the crime of this case was committed before the said judgment becomes final and conclusive.

As above, the crimes for which judgment became final and the instant crimes are concurrent crimes after Article 37 of the Criminal Act, and after examining whether to reduce or exempt punishment in consideration of equity and equity in cases where judgment is concurrently rendered pursuant to Article 39(1) of the Criminal Act, punishment shall be determined.

Therefore, the part of the judgment of the court below against Defendant C cannot be maintained any more.

3. Determination

A. Defendant A’s crime of this case is likely to cause social harm, such as harming the safety of credit card transactions, because Defendant A financed funds to many and unspecified persons who are difficult to make a normal loan by referring to the card-to-face tin.

The defendant illegally collected the personal information of the nominal owner of the credit card and provided it to AC with his name in case of the instant crime committed under the division of roles among many people. The defendant performed one of the essential and core roles in the crime.

The defendant was married to the investigation, reduced the scale of the crime, silentd the persons who participated in the crime, and was subject to the investigation.

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