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(영문) 의정부지방법원 2020.01.09 2019노2868

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor for five months and forfeiture) by the court below is too unreasonable.

2. As to the determination of sentencing, it is reasonable to respect the sentencing of the first instance court in the event that the sentencing of the first instance does not deviate from the reasonable scope of discretion, since the first instance court’s inherent area exists in the determination of sentencing.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). There are extenuating circumstances such as following: (a) murdering; (b) the Defendant led to the Defendant to commit a crime; (c) the Defendant paid and agreed to pay the full amount of the amount of damage to the account withdrawn with the physical card; (d) the Defendant did not have any past and beyond the fine; (e) there was no history of exceeding the fine; (e) profits acquired by committing a crime are not many; and (e) the neighbors have social ties, such as the Plaintiff’s withdrawal of the body.

However, in full view of the following facts: (a) the Defendant was aware that he was used in committing a crime; (b) he was committed two times or more with the Defendant’s promise to receive compensation; (c) was arrested as a flagrant offender who used the check card in custody; (d) the Defendant’s act of violating the Electronic Financial Transactions Act, such as the transfer, lease, and custody of the means of access used in financial transactions, was likely to be used for other crimes; and (e) there is a need to severely punish the act of violating the Electronic Financial Transactions Act, such as the transfer, lease, and custody of the means of access used in financial transactions; and (e) other factors for sentencing specified in the proceedings of the instant case, including the Defendant’s age, character, conduct, environment, and circumstances after committing the crime, it cannot be deemed that the lower court’s punishment was exceeded the scope of reasonable discretion, or that it was unfair because it

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so ordered as per Disposition.