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(영문) 인천지방법원 2018.08.16 2018노538

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflects his mistake, there is no record of criminal punishment, and that there is no old health status.

However, in full view of the following circumstances: (a) the crime of this case, like the instant case, provides the tool or beginning of the crime to another crime with great social harm, such as “loan fraud” or “sing,” and the nature of the crime is not good; (b) the account connected with the access media that the Defendant sent to the name-free person was actually used for the crime related to the actual loan fraud; (c) there is no special change of circumstances that may be newly considered after the pronouncement of the lower judgment; (d) the equity of sentencing with the same and similar incidents; and (e) the Defendant’s age, sex behavior; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court is too

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

Provided, That the burden of litigation costs shall be governed by the proviso of Article 186 (1) of the Criminal Procedure Act.