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(영문) 서울중앙지방법원 2015.09.10 2015노2576
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

The Defendants asserted that, on the grounds of the instant appeal, the lower court’s punishment against the Defendants (the Defendant A’s imprisonment, the Defendant B’s imprisonment, and the Defendant C’s imprisonment with labor for not less than eight months), is too unreasonable.

However, even though the Defendants took part in the crime of this case due to the financial difficulties due to their families, etc., each of the crimes of this case by the Defendants is a crime related to the so-called Bosing through deception or intimidation against many and unspecified persons, and the damage that the crime of Bosing is being committed in our society as a whole, and the situation where it is difficult to arrest the entire organization or to recover the amount due to the characteristics of the Bosing crime committed in the form of occupation, etc. is not considered in sentencing.

Defendant

A acquired the means of access with a good knowledge of the fact that the acquired interest is insignificant and the degree of participation is not more severe, but it is used in withdrawing the amount of damage caused by Bophishing crime.

Defendant

B The crime of Bosing, which he participated, is extremely good for the crime to be committed in the manner of deceiving the victim, and to threaten to destroy the personality and social ties, and it cannot be deemed that the degree of participation as the withdrawal of the entire Bosing Organization is minor. Although the court below deposited some amount of damage, it is difficult to view it as a considerable amount compared to the total amount of damage.

Defendant

C even if it was possible to fully know the fact that a deep chip distributed by illegal means is likely to be used for a crime, C purchased it in a large quantity and sold the means of access.

The Defendants’ developments and methods of the instant crime, degree of damage and recovery of damage, motive for the crime, and other ages of the Defendants.

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