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(영문) 대전지방법원 2013.03.21 2012노2584
전자금융거래법위반등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for two years.

seizure.

Reasons

The decision of the court below against Defendant B, C, and C on the summary of the grounds for appeal is too unreasonable.

The sentence of the lower court against the Defendants by the public prosecutor (Defendant A: one year of imprisonment, two years of suspended execution, two years of community service order, one year and six months of imprisonment, one year and six months of Defendant B: Defendant C: Imprisonment with prison labor for each of the crimes set forth in Articles 2 and 10 as stated in the lower judgment, six months of imprisonment, and four months of imprisonment with prison labor for each of the crimes set forth in Articles 9, 15 and 16 as stated in the lower judgment)

Judgment

Defendant

As to the sentencing of A and C, Defendant C’s assertion of unfair sentencing and prosecutor’s assertion of unfair sentencing against the above Defendants are also examined.

The Defendants led to the confession and reflect of each of the crimes of this case, and the Defendants seems to have relatively many benefits acquired from each of the crimes of this case, and the Defendants only performed each of the crimes of this case under the orders of co-defendant B, and did not take the lead of each of the crimes of this case, etc. are favorable circumstances to the Defendants.

On the other hand, even though the defendants were aware of the illegality of creating the so-called passbook, the defendant's participation in the crime of this case, and it seems that the large circulation passbook made through the organized crime of the defendants is large and used for the so-called "singing" crime, etc. In particular, even when the defendant C was under trial for a violation of the Game Industry Promotion Act, he committed the crime of this case in collusion with the defendant B, again committed the crime of violation of the Electronic Financial Transactions Act within the short period after the release, and the defendant voluntarily started to commit the crime of violation of the Electronic Financial Transactions Act. Each crime of Articles 9, 15, and 16 of the decision of the court below constitutes a crime during the period of repeated crime, and all the sentencing conditions shown in the argument of this case, such as the defendants' age, character, environment, criminal records, circumstances after the crime, and risk of recidivism, etc., are judged to be proper, and the punishment against the defendant A.

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