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(영문) 대전지방법원 2017.11.01 2017노1074
전자금융거래법위반
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (3 million won in penalty) is too heavy or unreasonable.

2. The circumstances are favorable for the following: (a) the Defendant recognized the instant crime; (b) the primary offender; (c) the Defendant appears to have failed to obtain particular benefits from the instant crime; and (d) the fact that the Defendant was dismissed prior to the use of the check card, etc. lent by the Defendant as a means of another crime.

However, the crime of this case was committed by making physical cards, etc. that can be used for other crimes, such as licensing, etc., and lent to a person with no name, which is disadvantageous to the fact that the crime is not good.

In full view of the above circumstances and the Defendant’s age, sexual conduct, environment, motive, means, and consequence, there is no special change in circumstances that may otherwise determine the sentencing conditions and the punishment different from the original judgment, such as the circumstances after the crime, the lower court’s punishment is too heavy or unreasonable.

Therefore, the defendant and the prosecutor's assertion are 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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