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(영문) 수원지방법원 2018.04.13 2018노1149
도로교통법위반(음주측정거부)등
Text

The defendant's appeal is dismissed.

Reasons

1. The sentence of the lower court (one-year imprisonment) is too unreasonable as to the gist of the grounds for appeal.

2. The fact that the defendant's judgment recognizes all his mistake and reflects it is favorable to the defendant.

On the other hand, the defendant had a record of being punished once due to drinking driving, and the defendant had been aware of the illegality of the act by being investigated by means of the charge of lending access media, and produced multiple copies of bankbooks and supplied them to the person who intends to use them for the crime. In light of the circumstances, methods, and frequency of the crime, etc., the fact that the crime is not good is disadvantageous to the defendant.

It is difficult to view that the lower court’s sentence is too unreasonable in light of the above circumstances and other conditions of sentencing indicated in the record, such as Defendant’s age, sex, environment, family relationship, motive for committing a crime, and circumstances after committing a crime.

Therefore, the above argument by the Defendant is without merit (the Defendant’s ground for appeal on March 23, 2018, and on February 10, 2017, as to the violation of the Act on the Electronic Financial Transactions, the Defendant finally transferred the ownership or right to dispose of the access medium.

Therefore, the lower judgment that found the Defendant guilty of this part of the facts charged was erroneous by misapprehending the legal doctrine, on the grounds that the “transfer” of the access medium cannot be seen as having been recognized. However, the first assertion was made after the lapse of the period for filing an appeal, and thus, cannot be a legitimate ground for appeal.

In full view of the evidence duly adopted and examined by the court below, it can be sufficiently recognized that the defendant transferred the right to own or dispose of the access media to P by directly establishing access media as stated in the facts constituting the crime in the judgment of the court below. Accordingly, the crime of violation of the Electronic Financial Transactions Act pursuant to the "transfer" of access media has been committed.

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