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(영문) 부산지방법원 2018.03.22 2018노91
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court’s punishment against the Defendants on the summary of the grounds for appeal (eight months of imprisonment) is too unreasonable.

2. The judgment of the Defendants reflects the Defendants’ mistake while making a confession of the instant crime, and the Defendants are the first offender who has no record of criminal punishment so far, and the circumstances favorable to the Defendants are recognized.

However, the so-called Bosing crime is not only organized, planned, and intelligent against many unspecified victims, but also it is necessary to severely punish subordinate participants in the crime of this case who play the role of withdrawal, remittance, delivery, and collection measures due to serious social and economic harm. The crime of this case is delivered and distributed through delivery of 12 copies of another's access media by Defendant A under the direction of Bosing Organization. Defendant B received 26 copies of another's access media as the means of withdrawal and remittance. In light of the circumstances and contents of the crime, it is very significant in the criminal procedure law of our criminal case, which takes the trial-oriented principle and direct principle, where there is no change in the conditions of sentencing as to sentencing in comparison with the first instance court, and there is no change in the conditions of sentencing, and where the first instance court's sentencing does not go beyond the reasonable scope (see Supreme Court Decision 2015Do2365, Jul. 23, 2015; Supreme Court Decision 2015Do365, Feb. 26, 2019, 2015).

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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