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(영문) 인천지방법원 2020.12.03 2020노2942
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the court below on the defendant (a prison term of eight months and confiscation) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below against the defendant is too unfortunate and unfair.

2. The facts that the judgment defendant led to the confession of the crime of this case and repented is favorable.

On the other hand, in that the defendant's act damages the security and reliability of financial transactions and uses it as a means of other crimes, such as scam, etc., the harm is serious, the number of means of access kept by the defendant is not large, and the act of withdrawing and remitting the amount of fraud damage is disadvantageous.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and other circumstances that form the conditions for the sentencing as indicated in the instant case, it cannot be deemed that the lower court’s sentence is too heavy or unreasonable.

Therefore, the defendant and prosecutor's argument of unfair sentencing is without merit.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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