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(영문) 인천지방법원 2018.11.15 2018노1910
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s sentence (the imprisonment of 10 months and the imprisonment of 2 years and 80 hours and the community service order) is too unreasonable.

2. It is recognized that the Defendant recognized the entirety of the instant crimes and reflects his mistake, and that there is no record of criminal punishment for the same crime.

However, the crime of this case is not appropriate in light of the circumstance and method of the crime and the scale of the account transferred as a case where the defendant opened an account under the name of the accused corporation eight times more than four months in accordance with the proposal of the person without the name of the accused, and transferred an access medium connected to the account. The crime of this case is deemed to require corresponding punishment in that it provides the means or seconds for other crimes with serious social harm, such as large-scale illegal gambling or Bosing, large-scale illegal acts, and it is necessary to provide the means or seconds. The account linked to the access medium transferred by the defendant is used for the criminal singing, there is no special change of circumstances newly considered after the decision of the court below. Since there is no other change of circumstances that may be newly considered after the decision of the court below, the defendant's age, balance in sentencing with the same and similar cases, the defendant's age, sex, environment, method and consequence of the crime, etc., all of the sentencing conditions revealed after social service work and circumstances after the crime, etc., the defendant's allegation that the court below's punishment of this case is unreasonable.

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