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(영문) 서울남부지방법원 2019.10.22 2018노1311
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unlimited to impose a fine of three million won.

2. The circumstances are as follows: (a) the defendant recognized the crime; (b) the defendant appears to have no profit from the crime of this case; and (c) the defendant has no record of criminal punishment.

However, the Defendant’s crime of this case is that the Defendant’s payment was made and the cream card was lent to a person with no name. This is not only detrimental to the trust and safety of financial transactions, but also can be used for various crimes, such as Bophishing, etc.

In fact, there was a lot of damages, such as the physical card leased by the defendant was used for the crime of Bophishing fraud, and the amount of KRW 15.5 million deposited by the victim to the account was deposited in the account.

In addition, in light of the fact that the defendant, who received a large amount of KRW 2.1 million per day on 700,000,000, was placed in a book and sent a physical card by door with the request of delivery as if he returned the book, it seems that the defendant could have been able to have been able to do so on an illegal day.

On the other hand, there is no new special circumstance or change of circumstances that can be reflected in the sentencing of the defendant after the court below was sentenced.

Based on the sentencing precedents of the same kind of case, in full view of various circumstances that are the sentencing conditions appearing in the records and arguments of this case, such as the defendant's age, the motive and means of committing the act of committing the crime, and the circumstances after the act of committing the crime, it is not determined that the sentence of the court below was too excessive and exceeded the reasonable scope of discretion.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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