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(영문) 수원지방법원 2020.10.22 2020노2812
전기통신사업법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (two million won of fine) is too unreasonable.

2. Determination is recognized that the Defendant recognized the instant crime and reflects his mistake, and that the Defendant attempted to borrow a loan due to his living conditions, appears to have reached the instant crime, and that the Defendant’s telephone number was not anticipated to be used for the Bosing crime, and that the Defendant has no record of criminal punishment, in addition to the fine imposed twice as a result of the crime of violating the Food Sanitation Act.

However, the crime of this case requires a person who has no personal identity to open each telephone number connected to 6 or more Internet telephone machines in the name of the defendant, and 10 mobile phones. The crime of this case was committed at a place designated by the person who has no personal name, and the quality of the crime was poor. The phone number opened by the defendant was used for the crime of scaming fraud, and the new victim was incurred. In full view of the defendant's age, career, character and behavior, environment, motive and circumstance of the crime, means and consequence, as well as the sentencing conditions in the records and arguments of this case, such as the circumstances after the crime, and the sentencing of similar cases, it cannot be deemed that the court below's punishment against the defendant is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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

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