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(영문) 인천지방법원 2020.02.07 2019노4178
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for defendant A, six months of imprisonment, and one year of imprisonment) of the lower court is too unreasonable.

2. The Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, has the unique area of the first instance court as to the determination of sentencing. As such, in a case where there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion,

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The Defendants’ participation in the crime of Bosing consists of a non-discriminatory crime against unspecified or multiple victims, and the social harm is very serious; the Defendants play a role in keeping the physical card under the direction of the employees of Bosing and receiving instructions from the employees of Bosing and taking into account the fact that the crime is not less complicated; Defendant B took into account the fact that the Defendants transferred a considerable amount of money using another person’s name upon receiving instructions from the employees of Bosing and receiving instructions from the employees of Bosing and taking into account the fact that the Defendants are against their mistake; Defendant A did not have any specific criminal power other than the fine; Defendant B did not have an initial criminal power; and Defendant B did not have any other favorable force in light of the following circumstances: the Defendants’ age, character and conduct, environment, motive, means and consequence of the crime; and the circumstances after the crime, etc., it is difficult to view that the lower court’s reasonable discretion is too beyond the scope of discretion.

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

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