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(영문) 청주지방법원 2014.11.20 2014노989

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (2.5 million won of a fine) is too unreasonable.

2. The judgment of the court below recognizes the defendant's mistake and reflects the crime of this case. The crime of this case is one of the concurrent crimes under the latter part of Article 37 of the Criminal Act with the criminal records stated in the judgment of the court below. At the same time, there is a need to consider equity in the case where the judgment was rendered. However, the transfer of the means of access is not only prejudicial to the security and reliability of electronic financial transactions, but also is used as a very important criminal means of crime in various crimes, such as Bosping, illegal gambling, money laundering, etc., and the harm is considerably high. The means of access actually provided by the defendant is used as a means of fraud, the fact that the defendant committed the crime of this case four times, the fact that the defendant was punished for the same crime of this case, the defendant's age, character and behavior, environment, motive and circumstance of the crime, the means and consequence of the crime, and the circumstances after the crime, etc. are considered to be unfair. Thus, the above defendant's 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 decided as per Disposition.