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(영문) 서울중앙지방법원 2018.04.19 2017노4676
여신전문금융업법위반등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. At the first trial date of the first trial on the summary of the grounds for appeal, the Defendant asserted that the Defendant was mistaken for each of the grounds for appeal, and the prosecutor withdrawn each of the grounds for appeal.

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

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

2. In conclusion, each of the instant crimes was involved in the organized crime in which the Defendant intended to acquire payment by means of forged credit cards, and performed the key role in providing a credit card settlement terminal in the crime, and the liability for the crime is not less complicated in light of the method and frequency of the crime.

However, the fact that each of the crimes of this case was committed in attempted crimes, and the defendant seems to have no practical benefit from each of the crimes of this case, the fact that equity in sentencing is to be considered with each of the accomplices of this case, and the defendant generally recognized each of the crimes of this case since the judgment of the court below was rendered, except that there is no special circumstance or change in circumstances that may be newly considered in sentencing after the sentence of the court below, and that there is no other special circumstance or circumstance that the defendant newly admitted each of the crimes of this case, and that all of the sentencing conditions of this case, such as the defendant's age, sexual conduct, environment, circumstances and result of each of the crimes of this case, the circumstances after the crime, etc., are deemed to be too heavy or unfair. Thus, the above argument

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

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