Text
Defendant
The appeal is dismissed.
Reasons
Summary of Grounds for Appeal
(F) The sentence of the original court (a fine of one million won) is too unreasonable.
Judgment
It is reasonable to take into account the following factors: (a) the Defendant led to the instant crime; (b) the Defendant did not have any benefit from the instant crime; (c) the Defendant did not have the same criminal record; and (d) the Defendant is a recipient of basic living benefits who is not in good economic form.
However, considering the fact that an act of acquiring or taking over a means of electronic financial transactions, such as the passbook or cash card connected thereto, is likely to cause secondary damage as it is abused as other means of crime and actually causes many victims, and the liability for such crime is not less complicated. In addition, considering all the factors of sentencing, including the Defendant’s age, character and conduct, environment, criminal records, circumstances after the crime, and risk of recidivism, it is not recognized that the sentence of the court below is unreasonable.
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.