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(영문) 대전지방법원 2016.07.13 2016노1258
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (five million won penalty) is too unreasonable.

2. It is recognized that the circumstances such as the fact that the defendant did not have the record of punishment for the same crime, all of the crimes of this case, and the fact that the defendant seems to have no profit from the crime of this case are recognized.

However, the crime of this case is likely to be criticized as an act of providing additional means of crime, such as telephone financing fraud, etc.

In fact, the account in the name of the defendant was used for the crime and there was considerable additional damage.

In addition, the defendant committed the crime of this case even though he had been subject to criminal punishment several times including punishment. Considering that there are no special changes in the sentencing conditions of the court below and the punishment on the records, such as the defendant's age, sexual conduct, environment, motive, means and consequence, etc., such as the defendant's age, sexual conduct, environment, motive, means and consequence, there are no special changes in the circumstances after the crime, the sentence of the court below is too unreasonable.

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. It is so decided as per Disposition.

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