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(영문) 인천지방법원 2017.11.02 2017노3471

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the lower court (a prison term of eight months, confiscation) is too unreasonable.

2. It is recognized that the Defendant recognized the instant crime and reflected the mistake, and that the Defendant appears to have caused the instant crime due to economic lack, etc.

However, as a new type of crime resulting from the development of information and communication technology, the victim's property damage is also subject to considerable mental symptoms in addition to the victim's property damage, as well as the participation in the phishing crime which causes side effects that undermine the trust in the overall society. In the case of phishing crime, the role entrusted by the steering staff seems to be minor by merely a part of the whole crime, but such multiple roles cannot be achieved if the role is not properly performed as an essential element for the whole crime. In light of the characteristics of the organized crime, even though the defendant withdrawn the phishing amount using the access media that is delivered by the role in the phishing organization and delivered it to the organization, and even if there is no significant portion of the defendant's property damage in the whole crime, the degree of punishment of the defendant cannot be somewhat imposed on the defendant for this reason, even if the defendant was under suspension of execution due to drinking, and the defendant did not know about the degree of the punishment of the crime in this case, the defendant's motive for the crime in this case and the following circumstances.

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.

However, the costs of lawsuit shall be borne.