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(영문) 서울중앙지방법원 2021.01.22 2020노1917
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court is too unreasonable as the penalty (2 million won) imposed by the lower court is too unreasonable.

2. It does not seem that there are new circumstances or special changes in circumstances that can be reflected in sentencing after the decision of the court below was rendered, and furthermore, the crime of this case as well as the role of helping not only disturb the sound order of financial transaction in our society, but also lead to serious social harm as well as creating serious social harm. As such, the Defendant’s liability for the crime of this case is somewhat weak.

In light of the fact that there is no room to view, and other favorable circumstances, such as the Defendant’s age, sexual conduct, environment, motive and background of the crime, means and method of the crime, and circumstances after the crime, etc., the lower court’s punishment is too unreasonable, even if considering all favorable circumstances, such as the Defendant’s mistake and the fact that the money of the victim of other fraudulent crimes deposited in the account of the Defendant after the crime in this case appears to have been returned to the said victim.

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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.

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