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(영문) 서울중앙지방법원 2019.09.27 2019노891
전자금융거래법위반
Text

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. It is recognized that the judgment of the defendant led to the confession and reflect of the crime of this case, there is no record of punishment for the same crime, and the fact that the defendant seems to have no profit from the crime of this case.

However, the act of transferring the means of access, like this case, needs to be strictly regulated as acts facilitating various crimes, such as Bosing, illegal gambling, tax evasion, etc., the means of access actually transferred by the defendant has been used for Bosing crimes (the amount of damage deposited in the account linked to the means of access transferred by the defendant reaches KRW 59 million), the court below imposed a fine more reduced than the summary order in consideration of the circumstances favorable to the defendant, and there are no special circumstances or changes in circumstances that may be considered newly in sentencing in the court below, and other factors of sentencing as shown in the arguments and records of this case, including the defendant's age, character, behavior, environment, family relationship, motive and consequence of the crime, etc., are considered to have exceeded the reasonable scope of discretion by taking into account the following factors.

Therefore, the defendant's assertion of unfair sentencing is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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