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(영문) 광주지방법원 2020.09.08 2020노1273

전자금융거래법위반등

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. The determination that the Defendant recognized all of the instant crime; the Defendant appears to have no profit from the instant crime of violating the Electronic Financial Transactions Act; however, the act of illegally lending the means of access to an electronic financial transaction requires to be strictly eradicated because it is highly likely to be abused for a serious social harm, such as Bosing or evading taxes; the Defendant’s lending means of access is actually used for Bosing and causing damage to KRW 2 million; the Defendant committed the instant fraud even though there was a criminal record subject to a suspended sentence of imprisonment due to the criminal act of the same veterinary method as the instant fraud, even though there was a criminal record, even though having been sentenced to a suspended sentence of imprisonment due to the criminal act of the same method as the instant fraud; the defrauded amount of the instant fraud did not amount to KRW 30,200,000,000; and the damage recovery was not made; in light of the victim’s health condition; and the details of the Defendant’s deception, etc., it is unreasonable to

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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