(영문) 서울고등법원 2017.07.05 2017노990 | 리걸엔진

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(영문) 서울고등법원 2017.07.05 2017노990

전자금융거래법위반등

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) that the court below sentenced to the defendant is too unreasonable.

2. The circumstances favorable to the defendant include: (a) the fact that the defendant recognized all of his mistake, and the fact that the defendant inducedd and transferred abroad to a foreign country does not seem to have serious harm to the life and body of the victims; and (b) there was an agreement with some of the victims.

However, each of the crimes of this case, each of the crimes of this case, where the defendant, while recruiting and managing the aged people, establishes several corporations under the name of each of the following corporations, and keeps the above access media for the purpose of taking over the access media used for electronic financial transactions or using it for the purpose of using it, and transfer the elderly part of it to a foreign country by inducing them, and denying the official document by presenting another person's driver's license in the course of escape after the crime of this case. It is not good that the crime is committed in light of the content and method of the crime, the risk of resulting from the crime, etc.

It is more likely to be criticized in that the defendant committed the crime in a systematic manner against the elderly who are vulnerable to the crime by sharing roles with accomplices.

In the past, the Defendant had been sentenced to imprisonment with prison labor for three years and committed the same kind of crime even though he had been sentenced to imprisonment with prison labor in order to make profits by distributing the term ‘telphone'.

Such circumstances are disadvantageous to the defendant.

In full view of these circumstances and other factors of sentencing, including the scope of recommended sentence according to the sentencing guidelines of the Supreme Court Sentencing, the age, criminal defendant's sex, and environment, it does not seem that the sentence imposed by the court below is too unreasonable.

3. As such, the Defendant’s appeal is without merit, and thus, pursuant to Article 364(4) of the Criminal Procedure Act.

유사 판례

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