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The defendant's appeal is dismissed.
Reasons
1. Summary of grounds for appeal;
A. The lower court found the Defendant guilty of the facts charged despite that the Defendant was not guilty of violating the Electronic Financial Transactions Act by lending the means of access to a loan, thereby adversely affecting the conclusion of the judgment.
B. The sentence of the lower court (a fine of three million won) is too unreasonable.
2. Determination
A. The court below rejected the above assertion in detail by pointing out the same argument as the grounds for appeal of this case in the judgment of the court below, and comparing the above judgment with the records, the judgment of the court below is just, and there is no error by misunderstanding the facts as alleged by the defendant, which affected the conclusion of the judgment.
The defendant's assertion of mistake is without merit.
B. It is reasonable to respect the sentencing conditions when compared to the first instance court’s assertion of unfair sentencing, and the sentencing of the first instance court does not deviate from the reasonable scope of discretion.
(See Supreme Court en banc Decision 2015Do3260 Decided July 23, 2015). Since the Defendant’s primary crime or the act of lending the means of access is highly likely to be used for any other crime, the nature of the crime is not easy. In fact, the means of access leased by the Defendant was used for the crime of Bophishing, and there is no special change in circumstances that could change the sentencing after the judgment of the court below, and considering the Defendant’s age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, the sentence imposed by the court below on the Defendant is deemed appropriate and it is deemed unfair. Thus, the Defendant’s above assertion 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 ordered as per Disposition.