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The defendant's appeal is dismissed.
Reasons
The gist of the Defendant’s appeal is as follows: (a) although the Defendant only sent the passbook, etc. through Kwikset service because he was at the end of the name unclaimed winners who granted the loan, the lower court erred by misapprehending the facts and thereby finding the Defendant guilty of the instant charges; and (b) even if not, the lower court’s sentence that sentenced the Defendant to a fine of KRW 1,00,000 is too unreasonable.
In this case where the defendant was a person who had no name or address, etc. through two times as stated in the facts constituting the crime in the judgment below, comprehensively taking account of the evidence duly adopted and examined by the court below, it is reasonable to deem that the above act of the defendant constitutes a case where the defendant transferred the passbook, etc., and considering the following circumstances: (i) the defendant was issued a summary order of KRW 1,500,000, which was issued to the defendant, but the court below sentenced a fine of KRW 1,000,000,000 by mitigation of the sentence; and (ii) considering that the defendant did not confirm all his personal information, office, etc., as well as the specific time, place, method, etc. of returning the passbook, etc., it cannot be said that the sentence of the court below which sentenced the fine of KRW 1,00,000 by reducing the sentence.
Therefore, 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.