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(영문) 인천지방법원 2018.02.02 2017노2739
전자금융거래법위반
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (2 million won) against the Defendant is too unreasonable.

2. In full view of the following circumstances: (a) transfer of an access medium to judgment on the grounds of appeal is used for various crimes such as tax evasion, Internet gambling, and entertainment fraud; and (b) social harm is serious; (c) thus, it is necessary to strictly punish the Defendant; and (d) the Defendant transferred the access medium at the time of anticipated use in the Internet gambling; (b) in fact, damage was inflicted upon the Defendant’s use of fraud crime; and (c) other circumstances, including the Defendant’s age, sex and environment; (d) motive, means and consequence of the crime; and (e) circumstances after the crime, etc., the lower court’s punishment is too unreasonable.

3. The violation of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings does not fall under any of the crimes referred to in the subparagraphs of Article 25 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, and the compensation amount was not agreed between the defendant and the applicant for compensation pursuant to Article 25 (2) of the same Act. Thus, the application for compensation of this case is not accompanied by the law.

4. Thus, 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 unlawful, it is so decided as per Disposition by the court below to dismiss it under Article 32 (1) 1 of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.

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