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The defendant's appeal is dismissed.
Reasons
1. The main point of the grounds for appeal is that the sentence (3 million won in penalty) imposed by the court below on the defendant is too unreasonable.
2. As to the grounds of appeal, the following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the instant crime with an expectation of economic benefits, and the Defendant committed the instant crime, but does not seem to have realized actual benefits; and (b) the Defendant returned the amount of damage to the Bosinging, which was contained in the passbook leased by the Defendant to some victims of Bosing (V. KRW 5.6 million and KRW 3 million to F).
However, in light of all other circumstances, including the Defendant’s age, sexual conduct, environment, motive and circumstance leading to the instant crime, means and consequence, etc., the sentence imposed by the lower court is too unreasonable, in light of the following: (a) the Defendant’s access media was actually used for the instant crime; and (b) the victim other than the said victims (G 600,000 won, H 30,000 won); and (c) the crime of lending access media under the Electronic Financial Transactions Act becomes a means to facilitate other crimes against many and unspecified persons, such as Bosing, etc.
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.