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(영문) 광주지방법원 2019.07.25 2019노1215
전자금융거래법위반
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The gist of the grounds for appeal is too unreasonable that the original court’s imprisonment (four months of imprisonment) is too unreasonable.

2. It is recognized that the defendant's mistake in his/her judgment on the grounds for appeal is divided, and this case concerns the crime committed by the defendant before the judgment of six months sentenced to imprisonment became final and conclusive due to the crime of injury, etc. on December 21, 2018, and simultaneously takes into account the case and equity.

However, the crime of this case is not good, the defendant committed again during the period of repeated crime even though he had the same criminal record, and the means of access of this case leased by the defendant has been used for the crime of fraud, balance with the punishment of the same crime, the defendant's age, character and conduct and environment, motive, means and result of the crime, etc., considering the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the defendant's above assertion is without merit.

3. The crime of violating the Electronic Financial Transactions Act, which pronounced guilty of the Defendant regarding the determination of the application for compensation, does not fall under any of the crimes provided by the subparagraphs of Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and does not constitute an agreement between the Defendant and the applicant for compensation pursuant to Article 25(2) of the same Act.

4. In conclusion, the defendant's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. Since the application for compensation by the applicant for compensation is inappropriate, it is decided to dismiss it under Article 32 (1) 1 of the Act on Special Cases Concerning the Promotion, etc. of

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