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(영문) 창원지방법원 2020.05.22 2019노2511
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 (two million won of fine) is too unreasonable.

2. The act of lending the means of access, such as the instant crime, is not only detrimental to the safety and reliability of electronic financial transactions, but also to strictly cope with the risk of massing a large number of victims by being used for other crimes.

The means of access leased by the accused was actually used for the fraud crime.

Defendant has a history of criminal punishment on several occasions.

However, the defendant is against himself while committing a crime.

There is no record that the defendant was punished for the same crime.

In full view of the above circumstances and all the sentencing conditions as shown in the pleadings, including the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable.

Therefore, the defendant's assertion is without merit.

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

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