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(영문) 창원지방법원 2016.09.29 2016노1946

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the gist of the reasons for appeal (one year of imprisonment) is too unreasonable.

2. In light of the judgment, the Defendant’s confession of the crime, and the fact that the Defendant is a disabled person of Grade II with respiratory disorder is a favorable sentencing ground. The Defendant repeatedly committed the crime by taking over three times electronic financial transaction access media, distributing four times, etc. The Defendant committed the same criminal records and, in particular, committed the crime during the repeated offense period due to the same kind of crime, and if access media are distributed illegally, it may be abused for other crimes, such as singing, etc., and thus, it is an unfavorable sentencing ground.

In full view of the above sentencing factors, in full view of the Defendant’s age, family relation, economic situation, background and motive leading to the commission of the crime, and all other matters on the sentencing as indicated in the records and arguments of this case, the judgment of the court below is deemed appropriate, and thus, the Defendant’s assertion is without merit.

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.