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(영문) 인천지방법원 2015.08.21 2015노1939

전자금융거래법위반

Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. It is recognized that the judgment is based on the following: (a) the Defendant recognized all of the instant crimes; (b) the Defendant appears to have been economically difficult to commit the instant crimes; and (c) the Defendant did not have much profits from the instant crimes.

However, the transfer of the means of access cannot be deemed to be less vulnerable to the risk of causing secondary damage by abusing the means of access to another serious crime. In fact, in the instant case, the subject matter of the crime was used in the “Singing” crime, and the Defendant had a record of criminal punishment several times due to the same crime, and in particular, the Defendant committed the instant crime again even during the repeated crime period due to the same crime. As such, the sentence of sentence against the Defendant is inevitable, and considering the Defendant’s age, character and conduct, circumstances leading to the instant crime, and circumstances subsequent to the instant crime, etc., the circumstances alleged by the Defendant should be considered.

Even if the sentence imposed by the court below is too unreasonable, it is difficult to accept the defendant's argument of unfair sentencing.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and since it is clear that the crime of this case does not fall under any of the crimes listed in each subparagraph of Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc., the defendant's application for compensation is dismissed in accordance with Article 32 (1) 2 of the Act on Special Cases Concerning the Promotion,