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(영문) 인천지방법원 2017.07.14 2017노1447

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below against the defendant on the summary of the grounds for appeal (unfair sentencing) is too unreasonable.

2. Although it is recognized that the Defendant was the first offender and the Defendant led to the crime, in light of the fact that the access media leased by the Defendant was used to commit the phishing fraud, and that the Defendant would have been paid KRW 3 million in return for lending the account, the Defendant may have sufficiently anticipated that the leased account may be used for illegal purposes. In addition, considering the various circumstances, including the Defendant’s age, sex and environment, motive, means and consequence of the crime, and circumstances after the crime, the lower court’s punishment is too unreasonable.

3. If so, the defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.