beta
(영문) 수원지방법원 2020.11.05 2020노4609

전자금융거래법위반등

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Summary of Grounds for Appeal

The punishment of the court below (one year and six months of imprisonment) is too unreasonable.

2. The crime of this case is deemed to be in violation of the Act on Real Name Financial Transactions and Confidentiality, and the nature of the crime is very poor in light of the following: (a) the Defendant would receive KRW 70,000 won a day, and (b) the Defendant would transfer a physical card, which is a means of access, to his name-based persons; (c) provided the Defendant’s mother’s account to the members of the scaming criminal organization with the withdrawal of the damage amount; and (d) transferred the money using another’s name to the account known to the organization members of the scaming criminal organization; and (d) provided that the commission of the crime of this case was committed by the members of the scaming criminal organization; and (e) provided that the act of fraud committed by the members of the scaming criminal organization in violation of the Act on Real Name Financial Transactions and Confidentiality; (e) the crime of scaming is difficult to regulate because it is highly dangerous and difficult to recover damage; and (e) it is reasonable to punish the Defendant with the Defendant’s account of this case’s imprisonment or scam.

However, the defendant recognized the crime of this case and reflects the mistake in depth. The amount of damage caused by the crime of this case was not significant in size compared to the same and similar incidents. In the case of the crime of this case, it was limited to aiding and abetting the crime of this case, and the defendant was a brupt dus formation certificate from around 2005.