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(영문) 대구지방법원 2018.06.22 2018노208
전자금융거래법위반등
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) is too unreasonable that the sentence imposed by the lower court on the Defendant (one year and two months of imprisonment, two years of suspended execution, and 120 hours of community service) is too unreasonable.

2. The judgment of the defendant recognized each of the crimes of this case and against his mistake, and the defendant paid the amount of damage caused by the embezzlement at the court below, and the victims wanted to take the action against the defendant by the excessive agreement between the victims of the crime of fraud and the victim.

On the other hand, there is a need to strictly punish and eradicate all kinds of criminal acts, such as single-scaming, and there is a need to strictly punish and eradicate the damage caused by the use of the access media that the Defendant lent by the Defendant for the crime of Boscaming. The Defendant is not very good to commit the crime by embezzlement of the victim's money deposited by Boscaming. Each fraud also commits the crime by deceiving the Defendant about KRW 94 million in total from the victim B and C under the name of investment funds, and the nature of the crime is not very good, and the fraud amount is high, and the Defendant repeatedly commits each of the crimes of this case during the period of the suspension of the execution of the execution of the crime of fraud.

The above circumstances and the court below appears to have determined punishment by fully taking into account the favorable circumstances for the defendant as above, and there is no special circumstance or change of circumstances that may be newly considered after the sentence of the court below was rendered ( even if the defendant repaid to the victims of the crime of fraud after the judgment of the court below, this cannot be deemed to be a special change in circumstances that could change the sentence of the court below by merely performing the contents of the agreement made with the above victims, and the community service order may be performed by the weekend or holiday in consultation with the protective observation office, so the defendant may be done within the extent that his/her occupation does not interfere with.

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