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(영문) 광주지방법원 2019.01.16 2018노3106
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The sentencing of the court below is too inappropriate.

2. It is recognized that the Defendants’ mistake is divided, that there is no criminal record exceeding a fine against Defendant A, and that Defendant B’s crime of this case should consider equity with the case of concurrent crimes under Article 39(1) of the Criminal Act in relation to the crime of violating the Electronic Financial Transactions Act, which became final and conclusive and the latter part of Article 37 of the Criminal Act.

However, if the nature of the crime of this case is not good, the defendants committed the crime of this case again even though they had the same criminal record, the frequency of the crimes of this case is considerable, the balance between the crimes of this case and the co-defendants, the degree of the defendants' participation, the age, character and behavior and environment of the defendants, the motive, means and consequence of the crime, etc., considering various conditions of sentencing specified in the arguments of this case, such as the circumstances after the crime of this case, it is not recognized that the punishment of the court below is too unreasonable. Thus, the above argument by the defendants

3. As such, the Defendants’ appeal is without merit, and all of them are dismissed under Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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