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(영문) 서울서부지방법원 2019.10.24 2019노899
전자금융거래법위반
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for ten months.

Defendant 1 through 3 of seized evidence.

Reasons

1. The summary of the grounds for appeal (e.g., a two-year imprisonment for each of the defendants, and each confiscation) that the court below rendered is too unreasonable.

2. The crime of fraud is committed in a systematic and planned manner, and social harm is very high, and only part of the crime is involved because it is difficult to arrest the entire organization, it is necessary to severely punish the Defendants. The fact that the Defendants committed the instant crime as a member of the Bosing Organization and Bosing Organization is disadvantageous to the Defendants.

However, in light of the fact that the period in which the Defendants participated in the crime of this case does not mean that the damage was not actually incurred due to the crime of this case, the first offender, and other various circumstances, which are conditions for sentencing as shown in the records and arguments, such as the Defendants’ age, character and conduct, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the punishment imposed by the court below on the Defendants is too unreasonable.

3. In conclusion, the judgment of the court below is reversed in accordance with Article 364(6) of the Criminal Procedure Act as the defendants' appeal is with merit, and the following judgment is rendered again after pleading.

【Reason used in multi-level] Criminal facts and summary of evidence recognized by the court, and summary of evidence, are the same as stated in each corresponding column of the judgment below. Thus, they are cited in accordance with Article 369 of the Criminal Procedure Act.

Application of Statutes

1. Relevant Article 49(4)2 and Article 6(3)3 of the Electronic Financial Transactions Act, Article 30 of the Criminal Act, and each choice of imprisonment with prison labor

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The Defendants: The sentence shall be determined as ordered in consideration of the various circumstances examined in the judgment on the grounds of appeal prior to the grounds of sentencing under Article 48(1) of the Criminal Act.

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