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(영문) 인천지방법원 2017.10.20 2017노1745
상습도박등
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to eight million won) is too unreasonable.

2. All of the instant crimes are recognized by the Defendant, and there is no particular criminal history, except for those who have been sentenced to two times a fine for a minor traffic-related crime, etc., favorable consideration is given to the Defendant.

However, for a period of about two years, the Defendant saw an amount exceeding 100 million won in total using gambling sites as gambling capital and habitually gambling. In light of the period and frequency of the crime and the scale of the gambling, there is a high possibility of criticism in that the nature of the crime is extremely poor and it severely damages the people's desire to work in a sound manner.

In addition, the Defendant promised to receive compensation and lent access media. The Defendant’s crime is an act that facilitates various kinds of criminal acts, such as the so-called “sing,” crime using access media under the name of another person, and the liability for such crime is light in light of social harm.

subsection (b) of this section.

In fact, the access media leased by the defendant was used to commit fraud and the victim was generated.

In full view of the aforementioned circumstances and the sentencing conditions as shown in the records and arguments of this case, including the Defendant’s age, sexual conduct, motive of the crime, and circumstances after the crime, it cannot be deemed that the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is not accepted.

3. The Defendant’s appeal is without merit and thus dismissed pursuant to Article 364(4) of the Criminal Procedure Act. In the case of a violation of the Electronic Financial Transactions Act, one crime is established for each approaching medium. The act of transferring multiple access media at one time constitutes a case where multiple offenses are committed in violation of the Electronic Financial Transactions Act by one act, and each offense is in a mutually competitive relationship.

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