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(영문) 서울남부지방법원 2018.11.15 2018노1333
사기방조등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. It does not seem that new circumstances or special changes are likely to be reflected in sentencing after the decision of the lower court was rendered.

Considering the fact that the Defendant is attempting to commit a crime, and the health status of the Defendant or his spouse is not good, the act of transferring the access media like the instant crime requires strict punishment as it provides essential means for other crimes, such as singing and illegal gambling. ② The access media in fact transferred by the Defendant is used for singing and causing victims. ③ In particular, the Defendant knew that the access media it transferred would be likely to be abused for singishing crimes (see, e.g., evidence records) and attempted to withdraw KRW 3.1 million out of the amount of the damage from singishing crime and re-deposit it, and instead, the Defendant did not actively use the same for a considerable period of time, 6.2 million prior to and after the withdrawal of the amount of 6.2 million won from the offender who directly shared the act of driving the singishing crime, and instead, it appears that the Defendant did not use his or her own false information for a considerable period of time after transferring it to the Defendant’s direct use.

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