logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.06.15 2020노99
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of three million won) imposed by the court below is too unreasonable.

2. It is reasonable to respect the sentencing conditions compared to the judgment of the first instance court, if there is no change in the sentencing conditions, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). The lower court sentenced the above punishment by taking into account various sentencing conditions, including the following: (a) the means of access leased by the Defendant was used to commit a fraud and the damage was inflicted; (b) the degree of awareness of illegality; (c) the Defendant was the time of committing the instant crime; and (d) the Defendant did not have the same criminal power; (b) there was no special circumstance or change in circumstances that may be newly

In addition, comprehensively taking account of the Defendant’s age, character and conduct, motive and background of the crime, etc., the sentencing of the lower court does not seem to have exceeded the reasonable scope of discretion, as it is too excessive.

Defendant’s assertion is without merit.

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

arrow