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(영문) 의정부지방법원 2014.03.07 2013노2060
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (4 million won of a fine) is too unreasonable.

2. The judgment of the court below is against the defendant's confession of the crime of this case, and there is no record of punishment for the same crime. However, the court below seems to have sentenced to a fine of KRW 4 million which has been reduced by somewhat more than a fine of KRW 5 million in the summary order considering these circumstances. The lending of the means of electronic financial transactions, such as the crime of this case, is likely to cause secondary damage because it has been abused for other crimes. The actual account of the defendant's lending was used for other fraud, and damage occurred due to the use in other fraud. In full view of all other circumstances, the defendant's age, character and behavior, environment, the circumstance and contents leading to the crime of this case, and the circumstances after the crime, etc., the sentence of the court below cannot be deemed to be unfair because the defendant's above assertion is too unreasonable.

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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