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(영문) 서울중앙지방법원 2015.04.24 2014노5260
전자금융거래법위반
Text

Of the judgment of the first instance, the part on Defendant C shall be reversed.

Defendant

C A person shall be punished by imprisonment for not more than four months.

Defendant

A, B-.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor’s sentencing of each of the first instance courts on Defendant B and C (an unreasonable sentencing on Defendant B and C) (an imprisonment of one year, and a fine of six million won) is too uneased and unreasonable.

B. The sentencing of the first instance court (the sentencing of the defendant A: 2 years of imprisonment with prison labor; the same applies to the defendant B) against the defendant A and B is too unreasonable.

2. We examine both the judgment prosecutor and the Defendant A and B’s assertion on unreasonable sentencing.

In full view of the following circumstances: (a) the Defendants’ motive and motive leading up to the instant case; (b) method and frequency of the commission of the crime; (c) degree of participation and degree of profit; (d) the circumstances after the commission of the crime; (b) Defendant C committed the instant crime during the period of suspension of execution; (c) the Defendant C committed the instant crime during the period of suspension of execution; (d) the Defendants abused the Defendants’ circulation to secondary crimes, such as fraud; and (e) the harm therefrom is serious; and (e) other various circumstances that form the conditions for sentencing as indicated in the records, such as the Defendants’ respective ages, character and conduct, environment, family relations, and criminal records, the sentencing of the first instance court against Defendant C is deemed unfair, and the sentencing of the first instance on

Therefore, the prosecutor's argument of unfair sentencing against the defendant C by the prosecutor is reasonable, and the prosecutor's argument of unfair sentencing against the defendant B and the defendant A and B's argument of unfair sentencing are

3. In conclusion, the prosecutor's appeal against Defendant C is with merit, so the part against Defendant C in the judgment of the court of first instance is reversed pursuant to Article 364 (6) of the Criminal Procedure Act, and it is again decided as follows.

Defendant

Since both the prosecutor's appeal against B and the appeal against Defendant A and B are without merit, all of them are dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

Criminal facts

The summary of facts and evidence against Defendant C recognized by this court is described in each corresponding column of the judgment of the court of first instance.

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