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(영문) 서울중앙지방법원 2019.06.20 2019노134
공전자기록등불실기재등
Text

The judgment of the court below is reversed.

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

Reasons

1. The summary of the reasons for appeal (three years of imprisonment) by the lower court is too unreasonable.

2. The Defendant established a large number of old-age corporations for about four years, and transferred to an operator of the Internet gambling site, or taken over the one from a third party for the purpose of transferring the one.

The number of means of access that has been traded with the number of old corporations established by the defendant is reasonable, and there are many profits that the defendant acquired as a result of the crime in this case.

In particular, the Defendant committed a crime in a systematic and planned manner in collusion with AV, AW with regard to certain of the instant crimes (the Defendant committed a crime as an assistance officer by receiving a certain amount from AV in some of the crimes, but in some other crimes, there are cases where the Defendant directly, or in a leading position, established a floating corporation and opened and transferred a large passbook through the establishment and transfer of a floating bank in a leading position, and the Defendant’s participation cannot be deemed to be negligible compared to AV, etc.). Furthermore, the crime of false entry in public electronic records of this case, false entry in public electronic records of this case, the use of false public electronic records and electronic records and the violation of the Electronic Financial Transaction Act in itself disturbs market order by impairing financial trust and safety, and most of the means of access traded by the Defendant is used in illegal gambling site and has great social harm.

In the trial, the defense counsel asserts that since the defendant voluntarily surrenders to certain crimes, the mitigation of self-denunciation should be made, or the number of self-denunciation should be reflected in the sentencing.

According to the records, the Defendant was arrested on November 30, 2017 during the course of the instant crime (17 order 8863) and thereafter, the Defendant revealed through his defense counsel around January 2018, that the Defendant committed the instant crime, which was arrested on November 30, 2017 (17 order 8863) and later, the Defendant revealed that the Defendant committed the instant crime against his accomplices, and due to such number, the Defendant promptly combine the said case with other crimes and tried together with other crimes.

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