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(영문) 인천지방법원 2015.07.10 2015노1428
업무방해등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (one year of imprisonment, 690, 948, 700 won) imposed by the court below against the defendant is too unreasonable.

2. The judgment is based on the fact that the defendant recognized the crime of this case and there is no record of punishment for the same kind of crime.

However, the crime of this case ( particularly the part concerning the operation of the "H") is an organized and planned crime in which the defendant and its employees acquire money by using unlawful programs with many unspecified persons and exchange them, and its substance constitutes a kind of fraud, and the defendant's period of running "H" has reached about two years, and the sum of profits acquired through the crime reaches about 690 million won (limited to net profits recognized by the defendant, but up to 140 million won), and there is a heavy liability for the crime. It is necessary to maintain balance with criminal punishment for the same crime similar to this case. In full view of all the sentencing conditions of this case, including the defendant's age, character and conduct, environment, the circumstances and result of the crime of this case, and the circumstances after the crime, etc., the circumstances alleged by the defendant in the grounds for appeal are considered.

Even if it is not recognized that the sentence of the court below is too unreasonable, the defendant's above assertion is difficult to accept.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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