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(영문) 창원지방법원 2020.07.23 2020노420
전자금융거래법위반등
Text

The judgment below

The part on the 2-8 crime in the judgment shall be reversed.

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

1. The summary of the grounds for appeal (the first crime in the original judgment: the fine of 4 million won, and the second to eight crimes in the original judgment: imprisonment of 2 years) that the court below made is too unreasonable.

2. As to the first crime in the holding of the lower judgment, the fact that the Defendant recognized the crime of violating the Electronic Financial Transactions Act, and that there was no record of punishment for the said crime is favorable to the Defendant.

However, considering the fact that the Defendant lent the check in return for payment, and the fact that the leased check was actually used for fraud, and the nature of the offense is not weak, and the sentencing conditions indicated in the records, such as the Defendant’s age, occupation, character and conduct, environment, and circumstances after the crime, the sentence of the lower court cannot be deemed to be too unreasonable.

Therefore, the defendant's above assertion is without merit.

3. The fact that the defendant had been punished several times for the same crime in the judgment of the court below as to the crimes of Articles 2 through 8 of the former decision, especially the fact that the defendant was sentenced to a suspended sentence of imprisonment with prison labor for larceny and that the crime of larceny was committed against a large number of victims during the suspended sentence, and that the crime was not less complicated in light of the method and result of the crime, such as the use of stolen another's driver's license which was stolen and the presentation to the controlling police officer, etc., and that the crime was committed or did not have agreed to recover from damage to the victims other than U and AB.

However, in full view of the following facts: (a) the defendant's mistake and reflects; (b) the victim AB's damaged goods were returned at the investigation stage; (c) the victim agreed with U during the trial; and (d) the larceny crime committed around October 8, 2019 was committed; and (b) the defendant's age, character and conduct, environment, family relationship; (c) motive and circumstance of the crime; (d) the means and consequence of the crime; and (e) various sentencing conditions shown in the records and arguments, such as the circumstances after the crime, are considered to be too unreasonable.

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