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(영문) 의정부지방법원 2020.10.16 2020노1204
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the reasons for appeal (six months of imprisonment) by the lower court is too unreasonable.

2. A favorable circumstance is that the Defendant acknowledges the instant crime and reflects the mistake, and that the principle of equity should be taken into account with the case where the judgment was rendered concurrently with the offense of violating the Electronic Financial Transactions Act.

However, the act of lending the means of access, like the instant crime, is highly likely to be used for the crime such as Bosing, etc., and thus, it is highly harmful to the society. The actual means of access leased by the defendant was used for the crime of fraud, and the damage occurred, and some of the damage amount was paid to the defendant as the overdue card price, and the defendant committed the instant crime in the course of investigation and trial as to the act of lending the means of access.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, circumstances after the commission of the crime, and circumstances after the commission of the crime, there is no change in the sentencing conditions compared to the original judgment, and there is no change in the sentencing conditions compared to the original judgment, the lower court’s sentence cannot be deemed unfair because it is too unreasonable for the lower court to have imposed the Defendant.

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

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

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