beta
(영문) 서울남부지방법원 2017.04.21 2016노1170

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (unfair sentencing) by the court below is too unreasonable as the punishment (amounting to five million won) imposed by the court below is too unreasonable.

2. The crime of transferring an access medium is highly likely to undermine the stability and reliability of electronic financial transactions, use it for other crimes such as singing, etc., thereby causing secondary injury. Therefore, there is a need to strictly punish the Defendant. The fact that the access medium transferred by the Defendant was actually used in the mining crime is disadvantageous to the Defendant.

However, considering the facts that the Defendant was the initial offender, and the damage to the minmining victim was fully recovered, the Defendant’s circumstances favorable to the Defendant are considered, and comprehensively taking account of the Defendant’s age, sexual conduct, circumstances and results of the crime, and all of the sentencing conditions specified in the records and arguments, such as the circumstances after the crime, the sentence imposed by the lower court is deemed appropriate, and is too unreasonable. Thus, the 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 on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.