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(영문) 서울중앙지방법원 2015.09.03 2015노2614
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Based on the grounds of appeal of this case, the defendant asserts that the punishment of the court below (six months of imprisonment) is too unreasonable, and the prosecutor asserts that the sentence of the court below is too uneased and unreasonable.

In this case, the defendant acquired the means of access to withdraw the amount of damage acquired by the so-called phishing crime, and considering the adverse effects, etc. on our society as a whole, the crime's quality is not less than that of phishing crime.

On the other hand, the Defendant is a primary offender in Korea, and the Defendant, as one of the instant crimes prosecuted, was merely an accomplice who reported the network when taking off the means of access, and the degree of his participation is relatively heavy. On the other hand, there is no circumstance to recognize that the Defendant actively participated in the entire organization of the Bosing criminal.

In light of such circumstances and other circumstances as the Defendant’s age, character and conduct, career, home environment, etc., and all of the circumstances indicated in the records and arguments at the trial court did not change compared to the lower court’s judgment. In full view of the aforementioned circumstances, the lower court’s sentencing cannot be deemed as excessive or unreasonable because it goes beyond the reasonable scope of discretion.

Therefore, the appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

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