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(영문) 수원지방법원 2015.04.16 2014노5115
전자금융거래법위반
Text

The defendant's appeal is dismissed.

The costs of trial in the trial shall be borne by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In order to obtain the introduction of a lending company with low interest rate because the interest rate on existing loans is too high, the Defendant was trying to proceed with the lending procedure, and issued a passbook, etc. by deceiving a person with no name, and the Defendant was aware of the instant crime and did not transfer the means of electronic financial transactions.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. The defendant argued that the above assertion of misunderstanding of facts is identical to the above assertion of misunderstanding of facts, and the court below rejected the above assertion by clarifying the reasons for its determination. In full view of the evidence duly adopted and examined, the judgment of the court below is justified, and the above argument of the defendant is without merit.

B. The Defendant did not have any record of having been punished for the same kind of crime, and the Defendant cannot be deemed to have committed the instant crime on a planned basis by participating in the so-called fraud crime organization, such as the so-called Bosing crime, etc., in favor of the Defendant.

However, in full view of the fact that the Defendant was punished by imprisonment due to fraud, etc., it is difficult to see that the Defendant committed the crime of this case, the Defendant’s error is divided or reflected, the occurrence of multiple victims occurred due to the passbook that the Defendant transferred, etc., and the amount of damage is not much specified, and other various sentencing conditions such as the Defendant’s age, character, conduct and environment, etc., the lower court’s sentencing is too unreasonable. Therefore, the Defendant’

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 by the application of Articles 191 (1) and 190 (1) of the Criminal Procedure Act on the litigation

However, the judgment of the court below is legal.

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