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(영문) 창원지방법원 2019.11.20 2019노1915
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., a fine of three million won) by the lower court are too unreasonable.

2. The lower court rendered a sentence by comprehensively taking account of the following factors: (a) the Defendant’s recognition of and reflects on the instant crime; (b) the first offender who has no criminal history; and (c) the mentally disabled person of Grade III with mental disability who received a disability pension; (d) the means of access leased by the Defendant was actually used in the Bosing Fraud; and (e) there was no evidence to deem that the damage was recovered; and (e) other factors of sentencing indicated in the instant trial process, including the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (e) the circumstances after

The grounds for unfair sentencing alleged by the Defendant appear to be the circumstances that the lower court had already taken into account when determining the Defendant’s punishment. The lower court’s punishment is reasonable within the reasonable scope of discretion, and there are no circumstances suggesting that the said sentencing conditions have been changed in the appellate court.

Therefore, the defendant's assertion cannot be accepted, since the court below's punishment is too heavy.

3. As such, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit.

However, pursuant to Article 25(1) of the Regulation on Criminal Procedure, the application column of the judgment of the court below ex officio pursuant to Article 25(1) of the Act on Criminal Procedure is “Article 49(4)2 and Article 6(3)2 of the Electronic Financial Transactions Act concerning criminal facts; Article 49(4)2 and Article 6(3)2 of the same Act concerning the selection of fines; Article 49(4)2 and Article 6(3)2 of the same Act concerning criminal facts; Article 6(3)2

1. In addition, the judgment of the court below is corrected on the ground that Article 40, Article 50, and Article 1 of the Criminal Code are added to "the selection of a selective fine for punishment"

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