전자금융거래법위반
The defendant's appeal is dismissed.
1. The summary of the grounds for appeal clearly stated that the Defendant, on the date of the first trial of the court of first instance, indicated “the mistake of facts” on the grounds of appeal is a clerical error.
The court below's punishment (three million won of fine) against the defendant is too unreasonable.
2. There are no circumstances that may be considered in light of the circumstances, such as the Defendant’s health condition and economic aspects, in determining the grounds for appeal.
However, considering these circumstances, the lower court appears to have sentenced to a more reduced sentence than a summary order (five million won) and there is no change in circumstances that may be newly considered in the trial.
In addition, even if the means of access leased by the accused has been used for the commission of fraud, and all of the sentencing conditions specified in the arguments in the instant case, such as the character and conduct of the accused (it has been five times of punishment for the crime) and family environment, motive for the crime, and circumstances after the crime, the sentence of the court below is too unreasonable.
Therefore, the defendant's assertion is without merit.
3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.