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(영문) 창원지방법원 2020.09.11 2020노282
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. The circumstances favorable to the defendant are that the defendant recognized the crime of this case and did not repeat the same mistake, and that the defendant has no record of being punished for the same kind of crime in the past.

Meanwhile, as in the instant case, the act of lending the means of access not only undermines the safety and reliability of electronic financial transactions, but also is in need of strict measures because it is used for other crimes to raise the risk of massing a large number of victims, and the fact that the means of access leased by the Defendant was actually used for the crime of fraud is disadvantageous to the Defendant.

In full view of the above circumstances and other various sentencing conditions as shown in the instant pleadings, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, etc., the sentence imposed by the lower court is too unreasonable, and thus, the Defendant’s allegation of unfair sentencing 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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