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(영문) 수원지방법원 2017.06.29 2017노2563
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The above-mentioned sentence of the prosecutor is too unhued and unreasonable.

2. The fact that the Defendant was found to have committed the instant crime and against himself, and that the record of criminal punishment is not confirmed, etc. are favorable to the Defendant.

On the other hand, the telephone financial fraud crime, such as the crime of this case, consists of the crime of this case, in a systematic, planned, and intelligent manner, which has a significant social harm, and as a result, it is highly difficult to arrest the entire organization members, it is necessary to severely punish even a subordinate member who has participated in only part of the crime, and as such, the management of the organization members who receive the Defendant’s check or manage the organization members who withdraw cash, the degree of his participation is

It is difficult to see that the defendant is disadvantageous to the defendant.

In full view of the above overall circumstances and other circumstances, such as the Defendant’s age, sex, environment, family relationship, motive, and circumstances after the crime, etc., the lower court’s punishment is too heavy or it cannot be deemed unfair because it is too heavy, and thus, the Defendant and the prosecutor’s assertion are without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition (Article 25(1) of the Rules on Criminal Procedure).

1. As to the facts constituting an offense, Article 49(2)2 and Article 6(3)3 of the Each Electronic Financial Transactions Act and Article 30 of the Criminal Act in the pertinent legal provisions regarding the facts constituting an offense shall be corrected by changing the term “Article 49(4)2 and Article 6(3)3 of the Each Electronic Financial Transactions Act,” to “Article 30 of the Criminal Act,” and correcting the term “Article 49(4)2 and Article 6(3)3 of the same Act, and Article 30 of the Criminal Act.”

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