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(영문) 부산지방법원 2017.09.15 2017노2578
전자금융거래법위반등
Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and eight months.

heading 1 to 8, respectively.

Reasons

1. Summary of grounds for appeal;

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

B. The above sentence declared by the prosecutor by the court below is too unhued and unreasonable.

2. With regard to each of the unlawful arguments of sentencing by the Defendant and the prosecutor, the crime of " Bosing," and " Bosing," together with the subject of the major crimes committed by the economically weak and socially weak, causing more difficult situations to make victims more difficult by using the brupted place, and causing serious social harm to the State agencies of the general society, financial institutions, etc., as well as the direct victims, etc., and causing serious social harm to them. The crime of " Bosing," which appeared in Korea for a long time, is not eradicated despite the media promotion and the intensive control and punishment by the judicial agencies, and is character and behaviored as intelligence is not eradicated. It is because the Defendant is a person participating in the crime of " Bosing," and the Defendant plays a role in withdrawing and remitting the money obtained by the Defendant. In all crimes, the aforementioned role in the crime is very small.

In light of the fact that the crime of violation of the Electronic Financial Transactions Act is an offense that provides the “Sishing” fraud group with an important means of crime, and the social harm caused by the “Sishing” crime is very serious, it is recognized that the strict punishment is necessary, and that the number of stored access media is not less than eight.

However, the lower court should take into account all of the sentencing conditions stated in the arguments of the instant case, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of each of the instant crimes, and the circumstances after the crime, etc., that the Defendant led to the recovery of damage and agreed with the victim, and that the Defendant does not seem to have led to the instant crime.

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