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(영문) 수원지방법원 2016.02.02 2015노7307
전기통신금융사기피해방지및피해금환급에관한특별법위반
Text

The defendant's appeal is dismissed.

Reasons

1. In light of the following facts: (a) the Defendant’s appellate brief (unfair sentencing) did not clearly recognize the Defendant’s fault; (b) did not clearly recognize the Defendant’s participation in the criminal conduct of licensing; (c) the considerable part of the damage from each of the instant crimes was restored; and (d) the Defendant’s degree of participation is minor as the withdrawal of the organization of licensing; and (e) there was no benefit acquired from each of the instant crimes, the Defendant’s punishment that sentenced the Defendant for a period of one year and six months is too unreasonable.

2. Each of the instant crimes committed by the Defendant in collusion with the members of the criminal organization of Bosing criminal acts, which is worth KRW 150,000,000,000 in total from the victims (the part in which the Defendant actually acquired and returned after the Defendant’s acquisition) is not good, and the crime is not good. The so-called telephone financing fraud crime is planned systematically, systematically intelligent and in a short period, and is an unspecified number of victims, and even if the Defendant shared, the degree of his participation is somewhat weak as an essential role in the completion of the criminal act.

On November 14, 2014, the defendant was sentenced to a fine of one million won for the violation of the Electronic Financial Transactions Act at the Seoul Eastern District Court on several occasions, including the motive and background of each of the crimes of this case, the circumstances before and after the crime, the degree of damage, and other various matters prescribed in Article 51 of the Criminal Act, which are the conditions for sentencing, such as the defendant's character and behavior and the environment, are considered in light of the circumstances asserted in the grounds for appeal. Thus, the defendant's assertion is without merit.

3. The appeal by the defendant is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal by the defendant is without merit. It is so decided as per Disposition.

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