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(영문) 서울중앙지방법원 2019.01.18 2018노1093

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the lower court is too unreasonable.

2. It is recognized that the judgment of the defendant led to confession and reflects the crime of this case, and that the defendant has no record of the same kind of crime.

However, given that the act of lending the means of access, such as the crime of this case, can cause damage to many unspecified persons by using it for so-called Bosing fraud, the liability for such crime cannot be deemed to be light. In fact, considering the following circumstances: (a) the account connected to the means of access that the Defendant lent was used for fraud; (b) the victim’s damage was not recovered; and (c) the Defendant’s age, character and conduct, environment, and the contents of the instant crime, etc., the sentence imposed by the court below on the Defendant is deemed to be appropriate, and it does not seem to be too unreasonable.

Therefore, the defendant's above assertion is without merit.

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