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(영문) 부산지방법원 2020.11.13 2020노1225
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

The punishment (fine 7 million won) sentenced by the court below is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect it.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Based on the foregoing legal doctrine, no particular change in circumstances is found in matters subject to sentencing after the sentence of the lower judgment.

Considering that the Defendant committed the crime of lending or transferring four means of access for three times, and that the means of access was actually used for the crime of Bophishing, and many victims were recovered therefrom, as a whole, the sentencing factors indicated in the proceedings of the present case, such as the Defendant’s age, character and conduct, environment, motive for the crime, circumstances after the crime, etc., the lower court’s sentencing is too unreasonable, and thus, is not deemed to have exceeded the reasonable scope of discretion.

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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