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(영문) 서울중앙지방법원 2015.08.27 2015노2622
여신전문금융업법위반등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court against the Defendants (Defendant A: imprisonment with prison labor for one year, Defendant B: imprisonment with prison labor for one year, and confiscation) is too unreasonable.

B. The lower court’s sentence against the Defendants on the prosecutor (one year of imprisonment, one year of imprisonment, one year of imprisonment, and one year of confiscation) is too uneased and unreasonable.

2. In light of the fact that the crime of this case was committed by using another person's credit card information illegally discovered by the defendants to purchase goods from the Internet shopping mall site over a hundred times and sell them as used goods, and that the nature of the crime is very poor and that the amount of damage caused by the crime of this case exceeds KRW 150 million, and that the victims did not make a serious effort to recover damage until now, the defendants should be punished strictly.

However, in full view of the fact that the Defendants did not have any history of punishment for the same kind of crime, the Defendants were solicited by the Defendant H, and were involved in the instant crime, and the degree of their participation is not limited, and their mistake is in depth, and all the sentencing conditions in the records and arguments, including the Defendants’ age, character and conduct, environment, and circumstances after the commission of the crime, etc., the punishment imposed by the lower court cannot be deemed as too heavy or unreasonable.

3. In conclusion, the appeal by the Defendants and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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