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(영문) 수원지방법원 2016.07.14 2016노1970
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that each sentence (Defendant B: Imprisonment with prison labor for one year and two months, and Defendant C: imprisonment with prison labor for ten months) declared by the court below against the Defendants is too unreasonable.

2. The defendants did not have any record of punishment for the same kind of crime before the crime of this case, and the defendants are against their own crimes, etc. are favorable to the defendants.

However, the crime of this case is an illegal transfer of access media, which constitutes an essential element for the completion of the crime in relation to the so-called “Singing” crime, and the Defendants established a false company for the crime of this case and opened the so-called “Sing passbook” under the name of the company and transferred the above passbook, etc. for payment. It is very poor that this constitutes a crime of undermining the trust and safety of financial transactions. In fact, the account offered for the crime of this case was abused for the crime of Bosing and selling online goods; the period of the crime of this case is relatively short; the frequency of the crime of this case and the number of access media transferred by the Defendants is small, and all other conditions of sentencing as indicated in the argument of this case including age, character, environment, and family relations of the Defendants, it is difficult to view that the punishment imposed by the court below is unfair because it is too excessive.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals by the Defendants are without merit. It is so decided as per Disposition.

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