beta
(영문) 창원지방법원 2020.11.27 2020노687

전자금융거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendant) is too unreasonable that the punishment of the court below (the imprisonment of one year and two years of suspended execution, probation and social service hours) is too unreasonable;

2. In light of the fact that the means of access that the Defendant leased was actually used for the crime of licensing, that the Defendant took part in the crime of receiving cash after lending the means of access, and that the amount of damage caused by the instant crime of aiding and abetting fraud is not much significant and that the damage has not been fully recovered, etc.

On the other hand, it is advantageous to the fact that the defendant reflects the defendant's mistake, that the above victims do not want punishment against the defendant by mutual agreement with three victims of the crime of aiding and abetting fraud at the court below, that there is no substantial damage in the case of some fraudulent aiding and abetting crimes, some of the circumstances to be considered in the course of the crime, and that the defendant seems to have not acquired economic benefits due to the crime of this case.

In full view of these circumstances and all of the sentencing conditions shown in the instant argument, the lower court’s punishment cannot be deemed to be too unreasonable.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that the defendant's appeal is groundless.