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(영문) 서울남부지방법원 2019.01.17 2018노1400
전자금융거래법위반
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The summary of the grounds for appeal (in both cases of unfair sentencing) by the lower court (in both cases of a fine of three million won) is too minor or unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In light of the foregoing legal doctrine, the Defendant used the instant means of access for the commission of scam, but the Defendant took text messages from which money was deposited into the relevant account several times after the deposit of money into the relevant account, and subsequently thought that the Defendant would not obtain the cost of lending the means of access, and that the Defendant would not immediately request suspension of payment, and that the Defendant would have obtained the cost of lending the means of access; there are a number of criminal records against the Defendant; there are no criminal records; there are no new special circumstances or changes in circumstances that could be reflected in sentencing after the sentence of the lower judgment; and other various sentencing conditions indicated in the records and arguments of the instant case, such as the Defendant’s age, character, conduct, environment, etc., the sentencing of the lower court does not seem to be excessively less or less severe than the scope of reasonable discretion.

3. In conclusion, the appeal filed by the defendant and the prosecutor is groundless, and all of them are dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.

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