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(영문) 광주지방법원 2020.10.08 2019노2890
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. Determination is more advantageous to the following: (a) the Defendant recognized the instant crime and reflects the Defendant; (b) the Defendant has no criminal records; (c) the number of times of lending the means of access is one time and there is no actual benefit.

On the other hand, the act of lending the means of access, such as the instant crime, is highly likely to be used for the crime such as singing, etc., and thus, is disadvantageous to the fact that the means of access that the Defendant lent is used for the crime of fraud, and that damage has occurred.

In addition, considering the defendant's age, character, conduct and environment, motive, means and consequence of the crime, the conditions of sentencing specified in the argument of this case, such as the circumstances after the crime, it is not recognized that the sentence of the court below is too unreasonable. Thus, the above argument of the defendant 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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