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(영문) 서울중앙지방법원 2016.06.23 2016노1323
여신전문금융업법위반등
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court’s punishment (one year of imprisonment) is too unreasonable.

B. The Prosecutor’s (unfair sentencing)’s sentence is too uncomparably unreasonable.

2. We also examine the arguments of the Defendant and the Prosecutor.

The instant case is a very bad crime that causes damage to social trust in credit card transactions, and for a short period of time the number of frauds against many victims is about 4,297,00 won in total, about 60 times in total, about 5,8910, and about 2,500,000 won in total, and about 60,000 won in special larceny. Nevertheless, there is no effort to recover particular damage against the Defendant.

On the other hand, considering the following facts: (a) the Defendant recognized the mistake and against the Defendant; (b) a considerable number of damage was seized; and (c) the Defendant’s age, sexual conduct, environment, motive, means and consequence of the commission of the crime; and (d) the circumstances after the commission of the crime, etc., the sentencing of the lower court against the Defendant cannot be deemed too heavy or unreasonable because it exceeded the reasonable scope of discretion.

All the arguments of the defendant and the prosecutor are without merit.

3. According to the conclusion, each appeal filed by the defendant and the prosecutor is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all appeals filed by the defendant and the prosecutor are without merit.

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