(영문) 서울남부지방법원 2019.07.11 2019노740

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2019.07.11 2019노740

사기방조등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for a year and four months, and by imprisonment with prison labor for a period of eight months.

Reasons

1. The summary of the grounds for appeal (in both cases of unfair sentencing) sentenced by the lower court (in 10 months of imprisonment and confiscation against Defendant A, two years of suspended execution in 8 months of imprisonment, and one hundred and sixty hours of community service order and confiscation in 160 hours of imprisonment with labor for Defendant B) is too weak or unreasonable.

2. The lower court determined that the Defendants committed the instant crime in light of the following: (a) the Defendants’ act was committed by withdrawing and remitting the amount of damage using the means of access that the Defendants had kept and lent the means of access used for the crime of licensing several times; (b) the commission of the Defendants’ act is not good; (c) the Defendants’ participation and degree of contribution cannot be deemed to be less than that of the Defendants’ act; (d) the special nature of the crime of licensing; (b) there is a need to punish the Defendants; (c) the Defendants continued to commit the instant crime after the arrest of the Defendants; and (d) there is a little amount of profits acquired; and (e) the fact that the Defendants committed the instant crime despite the history of the suspension of indictment due to the violation of the Electronic Financial Transactions Act, while considering the fact that the Defendants did not play a leading role in the crime of licensing; (d) the Defendants did not want the Defendant’s punishment; and (e) the Defendants’ act did not have any power to have been punished in excess of a fine, and there was no favorable benefit for the Defendant B.

However, in light of the records of this case, even if the court below considered the favorable circumstances of the defendants as stated above, the sentencing of the court below is insufficient to be a sufficient punishment consistent with the defendants' responsibilities, so it is deemed unfair.

3. Conclusion, prosecutor.

참조조문

-전자금융거래법

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