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(영문) 서울서부지방법원 2013.05.07 2013노36
전자금융거래법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the fine of KRW 5,00,000 for Defendant A, and the fine of KRW 7,000 for Defendant B) is too heavy.

2. The Defendants were both led to confessions and reflects of the instant crime; Defendant A did not have any other criminal records except for those sentenced to a fine of KRW 500,000 due to the violation of the Military Service Act; and the Defendants actively cooperated in the investigation after the discovery of the instant crime.

However, in light of the frequency, period, etc. of the instant crime, the Defendants cannot be deemed to be less severe in terms of the quality of the crime, and the Defendants’ criminal proceeds derived from the instant crime appears to be much more than the fines imposed by the lower court, and considering the various sentencing conditions expressed in the instant argument, the punishment imposed by the lower court to the Defendants is deemed to be within the appropriate scope of sentencing.

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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