(영문) 인천지방법원 2021.02.05 2020노3795 | 리걸엔진

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(영문) 인천지방법원 2021.02.05 2020노3795

전자금융거래법위반등

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The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

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

The judgment of the court below.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (two years of imprisonment) is too unreasonable.

2. Determination

A. As to the grounds for appeal, the Defendant committed a crime, such as violation of the Electronic Financial Transactions Act, which facilitates the criminal conduct of licensing, and served as a liability to withdraw the criminal conduct of licensing, and the Defendant committed a fraudulent act by directly using a trading website, and the nature of the crime is not good. The Defendant had the record of being punished twice as a violation of the Electronic Financial Transactions Act even before the instant crime was committed, and the Defendant actually suffered from the instant crime, which is disadvantageous to the Defendant.

However, the court below's punishment is somewhat unreasonable in light of the following factors: (a) the defendant appears to have committed the instant crime when he was in the trial; (b) there was no criminal record exceeding the fine imposed on the defendant; (c) the defendant has recovered from considerable victims, including Bosing victims due to the Defendant's violation of the Electronic Financial Transactions Act; and (d) the fact that the victims have agreed with the victims, etc. are considered favorable to the defendant; and (e) other various sentencing conditions specified in the instant argument, such as the defendant's age, sex, environment, and circumstances after the commission of the instant crime.

B. If the defendant, ex officio, files an appeal against a conviction, the order for compensation, even if not dissatisfied with the order for compensation, is transferred to the appellate court along with the defendant case pursuant to Article 33(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, and thus, the part of the order for compensation among the judgment below shall be

According to the records of this case, the court below ordered the applicant for compensation of 140,000 won by citing the application for compensation by the applicant for compensation of the court below, but the defendant around September 202.

유사 판례

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