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(영문) 수원지방법원 2020.12.24 2020노5111

전자금융거래법위반

Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of seven million won.

The above fine shall not be paid by the defendant.

Reasons

1. The gist of the grounds for appeal is that the lower court’s punishment (three million won of a fine) is too unhued and unreasonable.

2. It is recognized that the judgment of the defendant recognized the crime of this case and reflects the fact that the defendant voluntarily attended the investigative agency to investigate the crime of this case, and that the damage of the Bosing crime deposited into the deposit account in the name of the defendant appears to have been returned to the victim.

However, since the crime of this case was committed by the defendant, who was sentenced to punishment for a crime such as fraud using a computer, etc. related to scam and completed the execution thereof, it was committed by leasing the defendant's scam card to the victim during the repeated period, and the nature of the crime was very poor in light of the motive, circumstance, etc. of the crime. The defendant's scam card was used for the crime of scam fraud, etc., which was previously punished by the defendant, and the defendant served as a telephone counselor at the organization of scam crime, and directly belongs to the victims, it seems that the defendant was well aware of the structure, role, etc. of the organization of scam crime. The defendant was well aware of the defendant's scam card, which was connected to the defendant's company account by using the scam card of the defendant's scam which was delivered with the crime of this case. When the above company bank account was dealt with as an accident, and transaction was suspended, it was difficult to view the defendant's age, motive, and circumstances, etc.