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(영문) 전주지방법원 2016.09.02 2016노580
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The judgment of the defendant recognized the crime of this case and reflects the mistake. The crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the crime of injury for which the judgment became final and the crime of this case should be considered at the same time with the case where the judgment was received, and the fact that the defendant's wife wanted to have the defendant's wife simply, etc

On the other hand, the crime of this case was committed by the defendant in collusion with AY, operated an illegal sports gambling site, and the crime of this case was significant since it transferred means of electronic financial transactions, such as its passbook and cash card to AY, and on October 12, 2011, the defendant was sentenced to imprisonment with prison labor on March 1, 2013 by the Jeonju District Court for the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. of Specific Crimes on March 1, 2013, and again committed the crime of this case during the repeated offense period after the execution of the punishment was completed, and the period during which the defendant participated in the crime of this case was not less than 10 months, and the profits received are not more than 33,00,000 won, and the crime related to gambling is not more than 333,00,000 won, and it is necessary to strictly punish the defendant for a crime that has great social harm

In full view of the above circumstances and other circumstances, the Defendant’s age, character and conduct, environment, etc. as well as the various sentencing conditions indicated in the instant records and arguments, the lower court’s punishment is too unreasonable, and thus, the Defendant’s assertion is without merit.

3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.

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