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(영문) 창원지방법원 2019.10.16 2019노1642
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The grounds for appeal (e.g., a fine of three million won) by the lower court are too unreasonable.

2. The lower court determined that the Defendant’s act of lending the means of access is not only detrimental to the security and reliability of electronic financial transactions, but also needs to strictly cope with it by raising the risk of massing a large number of victims due to its use in other crimes, and that the means of access leased by the Defendant was actually used to commit fraud, taking into account each of the circumstances unfavorable to the Defendant, and determined a sentence by taking into account various sentencing conditions, such as the Defendant’s age, character and conduct, the content and circumstances of the instant crime, and the circumstances after the crime.

The grounds for unfair sentencing alleged by the Defendant appear to be the circumstances that the lower court had already taken into account when determining the Defendant’s punishment. The lower court’s punishment is reasonable within the reasonable scope of discretion, and there are no circumstances suggesting that the said sentencing conditions have been changed in the appellate court.

Therefore, the defendant's assertion cannot be accepted, since the court below's punishment is too heavy.

3. As such, 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.

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