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(영문) 서울중앙지방법원 2015.08.20 2015노2166
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one year and two months of imprisonment and confiscation) is too unreasonable in light of the following factors: (a) the extent of the Defendant’s participation in the grounds for appeal is insignificant; and (b) the benefits derived from the instant crime were insignificant.

2. The Defendant is a domestic first offender.

It is recognized that the crime of this case was committed for a period of two days, and that it appears that the defendant's direct profit was not made.

However, in this case, even if the period of the defendant's participation is shorter than the period of the defendant's participation, the degree of the defendant's participation as a whole as the withdrawal of the entire Bosing Organization cannot be deemed to be minor.

The circumstances where it is difficult to arrest the entire organization or to recover the amount of fraud due to the nature of the Bosing crime committed in the form of the occupied organization, the adverse effect of the Bosing crime on the whole society should also be considered.

The amount of damage in this case is KRW 44 million, and most of the damages have not been recovered to the trial.

In addition, there is no change in all the circumstances in which the sentencing conditions specified in the records and pleadings, including the motive for the instant crime, the circumstances after the instant crime, the age, character and conduct of the Defendant, and previous conviction, compared to the original judgment. In full view of all the above circumstances, the lower court’s sentencing cannot be deemed unfair because it goes beyond the reasonable scope of discretion. Thus, the Defendant’s allegation in this part

3. Accordingly, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is groundless.

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