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(영문) 서울북부지방법원 2019.01.17 2018노1106
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal explicitly withdrawn the assertion of mental disorder on the date of the first instance trial.

The court below's punishment (1.2 million won) against the defendant is too unreasonable.

2. Determination of the grounds for appeal is the primary offender, and there are no circumstances to consider the Defendant’s age, health conditions, and economic aspects.

However, considering these circumstances, the lower court appears to have sentenced to a more reduced sentence than a summary order (2 million won) and there is no change in circumstances that may be newly considered in the trial.

In addition, even if the means of access leased by the defendant is used for the crime of fraud, and all the sentencing conditions specified in the argument of this case, such as the defendant's family environment, motive for the crime, and circumstances after the crime, are examined, the sentence of the court below is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal of this case is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, and it is so decided as per Disposition.

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