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(영문) 창원지방법원 2016.09.29 2016노1854

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment is based on the following: (a) the Defendant led to the confession of a crime; (b) the Defendant has no previous convictions; (c) the Defendant committed the crime six times a month; and (d) if the medium access to electronic financial transactions illegally circulated, it is necessary to punish the Defendant strictly; and (d) the fact that the access medium delivered by the Defendant was used for the criminal act of Bosing is an unfavorable sentencing reason.

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.