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(영문) 서울중앙지방법원 2020.12.11 2020노3060
전자금융거래법위반
Text

The defendant's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., imprisonment with prison labor) by the lower court is too unreasonable.

2. Determination

A. In a case where there is no change in the conditions of sentencing compared with the judgment of the first instance court on the grounds of appeal, 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). There is no new reason to consider sentencing following the pronouncement of the lower judgment.

Even though the Defendant was sentenced to a punishment by taking part in the criminal act of licensing, taking into account the following factors: (a) the transfer of the means of access, such as cards, during the period of repeated crime, causing damage to the criminal act of licensing; and (b) the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime; and (c) all the sentencing conditions indicated in the pleadings, such as the circumstances after the crime, etc., it cannot be deemed that the sentence imposed by the lower court is too unreasonable and

Defendant’s assertion is without merit.

B. According to Article 25(1) of the Act on Special Cases Concerning the Promotion, etc. of Lawsuits on Application for Compensation Orders, the crime of violating the Electronic Financial Transactions Act committed by the Defendant does not constitute an offense subject to a compensation order, and thus, the application for compensation by the applicant for compensation falls

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. The application for compensation order filed by the applicant for compensation is dismissed in accordance with Article 32 (1) 1 of the Act on Special Cases Concerning Promotion,

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