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(영문) 광주지방법원 2020.08.25 2019노3236
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of KRW 4,00,00) of the lower court is too unreasonable.

2. The following circumstances are favorable: (a) the Defendant recognized the instant crime; (b) the Defendant did not have any profit gained by the instant crime; and (c) the Defendant did not have any criminal record exceeding the same criminal record or fine; or (d) the act of illegally lending the means of electronic financial transactions like the instant crime requires to be strictly eradicated because it is highly likely to be abused for highly detrimental crimes, such as Boscing or evading tax; and (c) the fact that the means of electronic financial transactions leased by the Defendant was used for the actual fraud, thereby causing damage to KRW 3,100,000.

There is no special relationship or change of circumstances that can be newly considered by this court, and in full view of the defendant's age, character and conduct, family relationship, circumstances after the crime, and various sentencing conditions as shown in the records and arguments of this case, the sentence of the court below is too unreasonable.

Defendant’s assertion is not accepted.

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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