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(영문) 창원지방법원 2017.12.21 2017노2708
공전자기록등불실기재등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court (eight months of imprisonment) on the summary of the grounds for appeal is too unreasonable.

2. The circumstances favorable to the Defendant include the fact that the Defendant recognized and reflected each of the instant crimes, the fact that the Defendant did not have a previous record due to the same kind of crime, and the fact that the Defendant has a good old age to support the Defendant.

However, this case’s act of establishing a corporation for the purpose of using in the crime of “Ssing” and establishing 12 accounts in the name of the said corporation and transferring the connected electronic financial transaction access media to the name in the name of the non-defluence, which may cause damage to the unspecified majority as the passbook, etc. transferred can be used for the crime. In fact, the accounts connected with the access media transferred by the Defendant are used in the crime of fraud, thereby causing damage to the total amount of KRW 47 million, and the nature of the crime and the crime committed.

Furthermore, even though the defendant knew that the above amount was caused by the crime, he used 36.1 million won in person and did not recover the damage.

In full view of such circumstances as the Defendant’s age, environment, sexual conduct, motive for committing a crime, and circumstances before and after committing a crime, etc., the lower court’s punishment cannot be deemed unfair because it is too unreasonable in light of the circumstances that are the conditions for sentencing as shown in the instant records and arguments.

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

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