logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.09.06 2017노4515
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the sentence (3 million won in penalty) imposed by the lower court is too unreasonable.

2. In a case where there is no change in the conditions of sentencing compared with the first instance court, and where the sentencing of the first instance does not deviate from the reasonable scope of discretion, it is reasonable to respect such a case (see Supreme Court Decision 2015Do3260, Jul. 23, 2015). It is recognized that the Defendant recognized the instant crime and reflects his mistake, and that there is no record of criminal punishment after 197.

However, in full view of the following circumstances: (a) the crime of this case, like the instant case, provides a tool or beginning for committing a crime with great social harm, such as “loan fraud” or “sing,” and the nature of the crime is not good; (b) part of the accounts linked to the access media that the Defendant sent to a person without his name, was actually used for the crime related to the actual loan fraud; (c) there is no special change of circumstances that may be newly considered after the pronouncement of the lower judgment; (d) the equity between the similar case and the sentencing; (e) the Defendant’s age, sexual behavior; and (e) the motive, means and consequence of the instant crime; and (e) the circumstances after the crime, etc., the sentence imposed by the lower court 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.

arrow