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(영문) 서울서부지방법원 2019.06.20 2018노1673
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (e.g., a fine of two million won) imposed by the lower court is too unreasonable.

2. The judgment that the defendant recognized the crime of this case and reflected, the first offender, the defendant appears to have caused the crime of this case due to economic difficulties, such as the preparation of medical expenses for the disease of his/her child, and the fact that the defendant was unable to gain benefits due to the crime of this case is favorable to the defendant.

However, the instant crime is deemed to have been committed by the Defendant to receive compensation and to have lent the means of access, and such lending is likely to be used for serious social harm, such as scam, and in light of the fact that the means of access actually leased by the Defendant was used for scam and that the victim suffered considerable damage, it is necessary to strictly punish the Defendant. The lower court appears to have determined punishment in consideration of all favorable circumstances and disadvantageous circumstances as seen earlier.

On the other hand, there are no special circumstances or changes in circumstances that can be newly considered after the sentence of the lower judgment.

Based on the sentencing precedents of the same kind of case, considering the circumstances alleged by the Defendant as the grounds for appeal, the lower court’s punishment is too heavy, even if considering the following circumstances, such as the Defendant’s age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and the circumstances after the crime was committed.

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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