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(영문) 광주지방법원 2020.02.13 2019노2625
전자금융거래법위반등
Text

The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. The judgment of the defendant, despite the fact that he was punished six times for the same crime, committed the crime of this case. The defendant purchased his resident registration certificate pictures and opened his cell phone using them, and committed the so-called "J fraud" crime using his opened cell phone. The defendant seems to have committed the crime of fraud in advance, and the defendant provided the means of access, such as the physical card, or the post-feascing card to his name with knowledge that it would be used for the crime. The crime is not good, and the means of access provided by the defendant and the post-feascing card are used for the crime of Bosing, etc.

On the other hand, the fact that the defendant recognized all of the crime of this case, the amount of damage to the crime of this case is relatively large, the defendant agreed with four victims in the trial of the party, and the profits acquired by the lending of the means of access or the provision of the post-paid card are not significant.

In addition, the sentencing guidelines do not apply to various sentencing conditions shown in the argument of the instant case, such as the background of the instant crime, circumstances after the instant crime, the age, character and conduct, and environment of the Defendant, and the violation of the Telecommunications Business Act and the violation of the Resident Registration Act.

1. Scope of applicable sentences under law: One to thirteen years of imprisonment;

2. Scope of recommended sentences according to the sentencing criteria;

(a) Class 1 crime (Fraud) (Fraud) (Fraud) fraud:

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