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(영문) 인천지방법원 2017.09.28 2017노1188
전자금융거래법위반
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the penalty (the penalty of eight million won) set by the court of the original instance (the court of the original instance) is too unreasonable.

2. The judgment seems to have led to the confession and reflect on the crime.

There is also a circumstance that there is no good health and lives such as divorce and difficultness.

There are no criminal records of the same kind.

However, the criminal liability of the defendant is not against the law.

The punishment corresponding to the criminal liability should be imposed in that the crime of altering official documents, the crime of fraud, etc. has been committed in the absence of imprisonment and one year and three months after the release.

The access media lent by the defendant seems to have been used to commit fraud.

The court of the court below rendered the sentence against the defendant by taking account of the aforementioned various positive and negative circumstances.

The judgment below

There is no new circumstance that can be considered in sentencing as a result of the sentence.

In addition, in full view of various sentencing conditions under Article 51 of the Criminal Act, such as the Defendant’s age, sex, environment, motive, means, and consequence of the commission of the crime, the circumstances before and after the commission of the crime, the lower court’s sentence is not deemed unfair.

3. Thus, the defendant's appeal is not reasonable, and the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act.

The proviso of Article 186 (1) of the Criminal Procedure Act shall apply to litigation costs.

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