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(영문) 부산지방법원 2018.11.16 2018노2688
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) of the lower court’s punishment (an amount of KRW 3 million) is too unreasonable.

2. In a case where there is no change in the terms and conditions of sentencing compared to 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 such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). The first offense of this case is recognized by the Defendant as a principal offender, and the fact that the Defendant is not adequate for economic conditions as a basic living recipient.

However, the instant crime was committed by the Defendant in return for the Defendant’s promise to lend its access to another person. The borrowed access medium may be abused as a means of other crime and may cause substantial damage to the general public, and the actual transfer of the access medium by the Defendant was used for the crime of Bosing fraud and causing considerable damage to the general public.

The court below determined punishment in consideration of all the above circumstances, and there is no change in the sentencing conditions different from those of the court below in the first instance after the sentence of the court below.

In addition, considering the defendant's age, sex, environment, motive and background of the crime, means and consequence of the crime, circumstances after the crime, and equity in sentencing, etc., the sentencing of the court below is judged to be appropriate, and it does not seem unfair because it exceeded the reasonable scope of discretion.

The defendant's argument of sentencing is not accepted.

3. 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 groundless.

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