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The defendant's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (e.g., a fine of three million won) of the lower court is too unreasonable.
2. In a case where there is no change in the conditions of sentencing compared to the judgment of the first instance court, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion, it is reasonable to respect them. Although the sentence of the first instance falls within the reasonable scope of discretion, it is desirable to reverse the judgment of the first instance court solely on the ground that it is somewhat different from the opinion of the appellate court, and to refrain from imposing a sentence that does not differ
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). In accordance with the foregoing legal doctrine, there is no change in the conditions of sentencing compared with the original judgment on the grounds that new materials for sentencing have not been submitted in the examination room and the trial room. In full view of all of the reasons for sentencing as stated by the lower court and the reasons for sentencing as indicated in the records and arguments of this case, the lower court’s sentencing is too unreasonable and thus, is not recognized to have exceeded the reasonable scope of discretion.
3. In conclusion, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.
[However, by its authority pursuant to Article 25(1) of the Rules on Criminal Procedure, the application of the law in the judgment of the court below is to add "each" to the "Electronic Financial Transactions Act" prior to "the pertinent Article of the Act and the choice of punishment for a crime"; to delete "the choice of a punishment" and "the selection of a fine" in the above item; and to add "Articles 40 and 50 of the Commercial Act for the first time," and to correct "the selection of a fine for a punishment" thereafter.