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(영문) 광주지방법원 2021.01.26 2020노2349

사기방조등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (one year of imprisonment) is too unreasonable.

2. The judgment recognizes all of the crimes of this case, and the fact that the defendant does not seem to have committed a crime under the accurate awareness of the substance and resistance of the crime of this case is favorable. On the other hand, in order to eradicate the crime of Bosing, it is necessary to punish the simple participants in the crime, and the defendant plays an essential role in the completion of the crime of drinking and the realization of profits by paying and depositing money. The defendant transferred three previous electronic financial transaction approaches to commit the crime of violation of the Electronic Financial Transactions Act, and the last crime was known that the victim was actually using the access media transferred by the defendant for the crime of this case, despite the fact that the defendant was aware of the fact that the victim was actually using it, the amount of damage was caused to the crime of this case, the total amount of damage was 6,463 million won (the crime of 1300,000 won was committed, and the damage was not actually caused to the victim). There are many circumstances that the defendant did not recover the victim's previous convictions.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, sex, family relationship, circumstances of crime, and various sentencing conditions shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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.