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(영문) 의정부지방법원 2020.04.10 2019노3440
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for the accused, one and half years of imprisonment, and confiscation) of the lower court is too unreasonable.

2. Determination

A. As to Defendant A’s assertion, the Defendant recognized the crime of this case and commits an erroneous act, and there is no record of criminal punishment, etc.; however, it is favorable for the Defendant to have a large number of means of access kept by him/her; the Defendant withdraws and delivers the large amount of cash using the means of access according to the instructions of the person who has not obtained his/her name. In light of the law of criminal punishment and the degree of participation, etc., the crime’s nature is not good; there is no change in sentencing conditions compared with the lower court’s failure to submit new sentencing data; and in light of the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and the sentencing conditions indicated in the instant records and arguments, such as the circumstances after the crime, etc., the sentence imposed by the lower court is too unreasonable.

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

B. Defendant B’s assertion is favorable in terms of the fact that the Defendant recognized each of the crimes of this case and against the mistake, etc., the Defendant established a corporation by falsity, and then opened an account in the name of corporations and took profits from the transfer of means of access. In light of the law on the acceptance of crimes and the degree of participation, etc., the nature of the crime is not good, the Defendant committed each of the crimes of this case even though he had the record of criminal punishment for the same kind of crime, and there is no change in sentencing conditions compared with the original judgment as the Defendant did not submit new sentencing data at the trial, and there is no change in sentencing conditions compared with the lower court. In addition, considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., the sentence imposed by the lower court cannot be

Therefore, the defendant.

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