(영문) 서울남부지방법원 2017.01.26 2016노2007

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.01.26 2016노2007

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for one year.

Defendant 1 through 5 of seized evidence.

Reasons

1. The gist of the grounds for appeal is as follows: (a) considering the fact that the Defendants participated in the telephone finance fraud crime in a planned manner; (b) distribution of access media essential for the commission of the crime; and (c) the fact that the Defendants appears to have engaged in the actual commission of the crime, the severe punishment against the Defendants is inevitable; and (d) the need to strictly cope with the telephone finance fraud crime is considered, the punishment imposed by the lower court on the Defendants (ten months of imprisonment) is too unreasonable.

2. The Defendants: (a) promised to receive and return the price to the third party and kept the name in custody to deliver it to the third party; and (b) such crime committed by the Defendants constitutes an essential part in the execution of telephone financial fraud crimes or Internet fraud crimes.

In addition, since the nature of the crime committed in the form of organization by sharing the role of the telephone finance fraud crime or Internet fraud crime, it is not easy to detect and arrest the criminal, even though it is not easy to identify and arrest the criminal, it did not participate as an accomplice in the telephone finance fraud crime.

As long as the Defendants play an essential role in the commission of the above crimes, the necessity of strict punishment is very high.

In addition, the Defendants have engaged in similar crimes for a considerable period, in addition to each of the crimes in this case.

In addition, in full view of the Defendant’s age, family relation, sex, career, environment, details and result of the crime, circumstances after the crime, and criminal experience, and all the sentencing circumstances indicated in the instant records and arguments, the lower court’s sentence imposed on the Defendants is deemed unfair and unfair. Therefore, the Prosecutor’s allegation of illegality in sentencing is with merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

【Judgment of the court below】 Summary of facts constituting a crime and evidence

유사 판례

-서울중앙지방법원 2016.08.09 2016고단3632

-광주지방법원 2016.11.16 2016노2852

-의정부지방법원 2017.09.19 2017노1903

-서울중앙지방법원 2018.12.14 2018노2284

-의정부지방법원 2017.12.12 2017노2821