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(영문) 서울중앙지방법원 2018.12.21 2018노2155
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

The main point of the grounds for appeal is that the punishment of the court below (3 million won) is too unreasonable.

Judgment

The defendant confessions the crime of this case and reflects it, and it is recognized that the defendant has no past record of criminal punishment except for the defendant who has been sentenced once to a fine due to his previous conviction.

However, in full view of all the sentencing factors indicated in the records and arguments of this case, including the Defendant’s age, sex, environment, motive and consequence of the crime, circumstance after the crime, etc., the sentence imposed by the court below is too excessive and thus, it is necessary to impose a severe punishment as it can be used as a means of other crimes. In fact, the access media leased by the Defendant appears to have been used for the crime of fraud, and the Defendant did not gain any actual profit. However, although the Defendant agreed to receive an excessive amount in return for the crime of this case, and other factors such as the Defendant’s age, sexual conduct, environment, motive and consequence of the crime of this case, etc.

It does not seem that it does not appear.

Ultimately, the defendant's assertion is not accepted.

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.

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