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(영문) 의정부지방법원 2017.02.09 2016노3254
전자금융거래법위반등
Text

All appeals by the Defendants are dismissed.

Reasons

The summary of the grounds for appeal that the court below sentenced the Defendants to each punishment (Defendant B: Imprisonment with prison labor for a year and two months, Defendant C: imprisonment with prison labor for a period of ten months, and confiscation) is improper.

Judgment

The period of the instant crime is short.

The Defendants seem to have no profits from the crime of this case.

Defendant

C has no record of being punished for the same crime and of being punished in excess of the fine.

However, it is necessary to strictly punish the Defendants in that they committed the so-called “scaming” crime, which is very poor in the nature of the crime, and that they caused adverse effects on society as a whole by massing many and unspecified victims.

The Defendants, despite being aware of the fact that they were used for the crime of Bosing phishing or the crime of fraud on the Internet goods, kept and delivered access media more than ten times, thereby facilitating such fraud.

In fact, the access media delivered by the defendants has been used for crime, and the damage amount to KRW 48,60,000 is also 48.6 million.

Defendant

B committed the instant crime during the period of probation of imprisonment due to loan fraud to financial institutions.

The Defendants did not agree with the victims or recover the damage until they were in the trial.

In full view of the above circumstances and the general amounts of punishment in the same and the same kind of cases, and other various sentencing conditions as shown in the pleadings of the instant case, such as the Defendants’ age, gender, environment, family relationship, motive, background, means and consequence of the commission of the crime, etc., the lower court’s punishment against the Defendants cannot be deemed as unfair because it is too too unreasonable.

Therefore, the Defendants’ assertion is without merit.

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

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