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(영문) 대구지방법원 2016.12.08 2016노1958
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is unreasonable because the penalty (two million won of a fine) declared by the court below is too large.

2. The instant crime is deemed to have transferred the means of access under the name of the Defendant to a person who has no access to his/her name, and it is difficult to view the transferred means of access as a minor case on the grounds that it is likely to be used for

The defendant has five times of punishment, but there are no records of the same punishment, taking into account the favorable circumstances.

In addition, even if the Defendant’s age, character and conduct, environment, circumstances leading to the commission of the offense, means and consequence of the offense, and the conditions of the sentencing as shown in the records and arguments are comprehensively considered, there is no circumstance that the lower court’s sentencing judgment is deemed to have exceeded the reasonable bounds of discretion, or that it is unreasonable to maintain it as it is, there is no such circumstance.

(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Moreover, in light of the fact that the lower court reduced a fine of KRW 2 million with respect to the summary order of KRW 3 million, the lower court’s sentencing against the Defendant is too unreasonable.

Therefore, the defendant's assertion 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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