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(영문) 수원지방법원 2015.10.22 2015노4305
전자금융거래법위반
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (for the defendants, 10 months of imprisonment) declared by the court below is too unreasonable.

2. The Defendants did not have any history of criminal punishment in the Republic of Korea, and appears to have been involved in the instant crime because of economic difficulties at the time. The Defendants’ profit, etc. from the instant crime is not large, and the Defendants do not seem to have suffered significant property damage due to the instant crime, and the Defendants’ mistake is divided and reflected therein, etc. are favorable to the Defendants.

However, the crime of this case is highly likely to have been involved in the crime of this case, such as keeping or delivering the means of access, such as bankbooks and physical cards, which are essential for the completion of the crime in relation to the crime of this case. Defendant A asserted that the goods kept at the time of the trial at the court below did not know whether they were the bank cards, etc. which are abused for the crime. The Defendants denied the crime of this case, although they had sufficiently known that the means of access in this case would be abused for the crime of fraud, such as fraud, even though they had sufficiently known that they would be abused for the crime of this case, the Defendants would have been involved in the crime of Bophishing fraud. In full view of all the sentencing conditions such as the Defendants’ age, environment, character and conduct, it is difficult to view that the sentencing of the court below is too unreasonable. The Defendants’ respective arguments are without merit.

3. In conclusion, the Defendants’ appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the Defendants’ appeal is without merit. It is so decided as per Disposition.

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