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(영문) 대구지방법원 2017.07.21 2016노5467
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal is too unreasonable, which is too unreasonable.

2. The judgment of the court below is based on the following facts: (a) the Defendant was the first offender, and the amount acquired by the Defendant’s transfer of access media was entirely returned to the victim; (b) it is recognized that the Defendant’s access media was used for the Defendant’s phishing fraud; and (c) it appears that the Defendant could have sufficiently anticipated that the access media in the Defendant’s name could be used for illegal purposes; and (d) the Defendant’s age, sexual conduct, environment, motive, means, and consequence of the instant crime; and (e) all the sentencing conditions indicated in the instant pleadings, such as the circumstances after the crime, etc., the court below’s sentencing was too excessive and is not recognized to have exceeded the reasonable scope of discretion.

Therefore, the defendant's assertion is without merit.

3. Accordingly, 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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