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(영문) 의정부지방법원 2019.06.27 2018노2148
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The Korean Criminal Procedure Act, which takes the trial-oriented principle and the direct principle, should respect the determination of sentencing in cases where there exists a unique area of the first instance court, and there is no change in the conditions of sentencing compared to the first instance court, and the first instance court’s sentencing does not deviate from the reasonable scope of discretion.

(See Supreme Court Decision 2015Do3260 Decided July 23, 2015). In relation to the instant case, the health team, the Defendant’s age, character and conduct, the environment, the background leading up to the crime, and the circumstances after the crime, etc. are considered to have been committed, and there is no economic difficulty. However, the lower court appears to have determined a punishment in light of the aforementioned circumstances, given that there is no change in circumstances after the lower judgment was sentenced; the Defendant was paid KRW 700,000 to B in return for lending the means of access; and the said means of access was used for six fraud cases where the said means of access had ice the remainder of the conditions; and other factors revealed in the course of the pleadings of the instant case, including the Defendant’s age, character and conduct, the circumstances leading up to the crime, and the circumstances after the crime, etc., the sentence of the lower court

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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