logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2016.05.12 2015노4582
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year of imprisonment and confiscation) on the summary of the reasons for appeal is too unreasonable.

2. There are extenuating circumstances, such as the fact that the Defendant recognized the instant crime and reflects the fact that the Defendant is an initial offender who has no record of criminal punishment, and that the Defendant appears to have never gained profits from the instant crime.

However, the crime of this case was committed by the Defendant on the receipt of and delivery of an access to the cash withdrawal by the Defendant’s organization of the phishing criminal organization. The Defendant, in collusion with the organization of the phishing criminal organization, took a total of KRW 13,181,740,000 from the victim and delivered it to the organization of the phishing criminal organization. The crime of the phishing was committed by withdrawing KRW 6 million from the victim. Such phishing was committed with a large number of victims, with a large number of victims, and it is necessary to punish victims with severe economic suffering. The Defendant’s act of cash withdrawal is essential to achieve the purpose of the phishing criminal act, and thus, the degree of participation in the crime is inappropriate.

In full view of various circumstances, such as the Defendant’s age, sexual conduct, environment, family relationship, and the circumstances and result of each of the instant crimes, the punishment as ordered shall be determined by taking into account the following factors: (a) the Defendant’s age, sexual conduct, family relationship; and (b) the circumstances after the commission of the crime.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit.

arrow