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(영문) 대전지방법원 2016.06.22 2015노4079
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant is considerably beneficial to the crime of this case

There are extenuating circumstances, such as the fact that the Defendant is replaced by the instant crime, and the fact that the Defendant is replaced by the instant crime.

However, the crime of this case is likely to be criticized as an act of providing additional means of crime, such as telephone financing fraud, etc.

In fact, the account in the name of the defendant was used for the crime and additional damage was incurred.

In addition, even though there have been a number of punishment, including punishment, the defendant is also deemed to be disadvantageous to the defendant, such as committing the crime of this case.

In full view of the above circumstances, the lower court’s punishment is too excessive and unreasonable, taking account of the fact that there are no special circumstances to determine the sentencing conditions different from the original instance court’s punishment, such as the Defendant’s age, sexual conduct, environment, motive, means, and consequence, etc., and the circumstances after the commission of the crime.

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

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