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(영문) 수원지방법원 2018.02.09 2017노8070
전자금융거래법위반
Text

Defendant

All A and prosecutor appeals are dismissed.

Reasons

1. Reasons for appeal;

A. Defendant A’s punishment (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A: 1 year of imprisonment; 10 months of imprisonment; 2 years of suspended sentence; 6 months of imprisonment; 2 years of suspended sentence; 3 years of suspended sentence; 4 years of imprisonment; 5 million won of each fine) of the lower court is too uneasable and unfair.

2. Determination

A. In light of the favorable circumstances, such as the confession of Defendant A to commit a crime, the fact that there is no penalty exceeding fines, and the fact that there is no punishment exceeding fines, the nature of the crime by taking over, transferring, and transferring access media over several times for the purpose of obtaining profits with the knowledge that it was used on the illegal gambling website, the Defendant’s acquisition or transfer of a large number of access media for a considerable period of time, the Defendant continued to commit the instant crime even though he was investigated by an investigative agency, and the Defendant appears to have acquired a large amount of profits due to the instant crime, and the Defendant appears to have been using the access media transferred by the Defendant in generating illegal profits at the illegal gambling site, etc., under the circumstances unfavorable to the Defendant’s age, sex, motive, frequency of the crime, frequency of the crime, method of the crime, the circumstances after the crime, number of access media transferred by the Defendant, and the period of the crime, etc., it cannot be deemed that the lower court’s punishment is too heavy or unreasonable.

B. Defendants B and C led to the confession of and reflect against the crime, Defendant B was the first offender in the case of Defendant B, and Defendant C was not subject to punishment, under favorable circumstances, such as the fact that there was no record of punishment other than once a fine imposed by this type of fine, and the fact that the crime was not somewhat weak by transferring the access media over several occasions with a view to obtaining profits despite being aware of being used on the illegal gambling website, in the case of Defendant B, Defendant B established a false corporation in the process, and transferred the access media after opening the passbook. The access media transferred by the Defendants is illegal.

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