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(영문) 서울북부지방법원 2018.11.30 2018노1693
전자금융거래법위반등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

Seized evidence 19,20 shall be confiscated.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (two years of imprisonment) is too unreasonable.

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

2. The judgment is based on the following circumstances: (a) the Defendant was a primary offender; (b) the Defendant recognized the Defendant’s criminal act; (c) the Defendant’s profits derived from each of the instant crimes are not significantly high when the total amount of money is obtained; (d) the number of access media that the Defendant acquired in connection with the instant case is considerably high; and (e) the Defendant appears to have taken over the said access media to use for the phishing crime; (b) the case No. 2018 Go-dan 1738 was divided by a large number of unspecified victims in accordance with the minshing program; and (c) the Defendant was committed using money from an unspecified number of unspecified victims in a systematic and professional manner; (d) the Defendant was taking part in the instant criminal act by taking account of the following factors: (e) the Defendant’s participation in the instant crime as well as the total liability for the criminal act; and (e) the Defendant did not seem to have been sufficiently punished by the victim’s employees; and (e) the Defendant’s motive and the amount of the same kind of injury.

The prosecutor's argument is with merit, and the defendant's argument is without merit.

3. In conclusion, the prosecutor's appeal is with merit, and the judgment of the court below is reversed pursuant to Article 364 (6) of the Criminal Procedure Act and it is again decided as follows.

[Grounds for the judgment to be used again] Summary of facts constituting a crime and evidence shall be the court.

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