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(영문) 서울동부지방법원 2015.06.26 2015노138

사기등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the lower court’s punishment (two million won of fine) is too large.

2. In light of the following facts: (a) the instant fraud damage amount is too high; (b) the Defendant did not seem to have made profits from the transfer of the means of access; (c) however, considering the fact that the instant fraud damage was not recovered; (d) the Defendant was punished with suspended execution and fines for several crimes; and (e) the Defendant was punished five times due to the crime of violating the Electronic Financial Transactions Act, the lower court’s punishment is too unreasonable.

3. 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.