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(영문) 서울중앙지방법원 2018.09.14 2018노469 (1)
전자금융거래법위반등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (amounting to five million won) is too unhued and unreasonable.

2. The crime of Bosing “Sing” is highly harmful to society as a whole by massing a large number of victims as planned and organized against many unspecified persons.

can be seen, it is recognized that the physical card delivered by the Defendant was used for the crime of Bosing “Sing” as above.

However, there was no prosecution against the defendant for the crime of fraud or aiding and abetting fraud, and the defendant is the first offender, the confession and reflects against the crime, and the court below determined the punishment in consideration of the above circumstances. In comparison with the court of first instance, if there is no change in the conditions of sentencing and the sentencing of first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect it (see Supreme Court Decision 2015Do3260 Decided July 23, 2015). Taking into account all the circumstances that form the conditions of sentencing, such as the defendant's age, sex, sex, environment, health conditions, family relationship, motive, means and consequence of the crime, and circumstances after the crime, it is difficult to deem that the sentence of the court below is too unfavorable or unreasonable because it goes beyond the scope of discretion.

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

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