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(영문) 대구지방법원 2014.06.27 2014노1298

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (eight months of imprisonment) is too unreasonable.

2. The judgment of the court below is more favorable to the fact that the defendant confessions and reflects all of the crimes of this case, the defendant has no record of punishment for the same kind of crime, and the crime of this case finalized (two years of suspended sentence in August) and the crime of this case must consider equality in the case of concurrent crimes under the latter part of Article 37 of the Criminal Act. However, the crime of this case is established in the name of the defendant C, and the account opened in the name of the juristic person and sold the account of the juristic person. The transfer of the means of access, such as the crime of this case, such as the crime of this case, is likely to cause secondary damages because it is abused for other crimes such as singishing, etc. by massing the so-called passbook, and thus, it is highly probable that such crimes would cause serious damage to the general public, while it is low possibility of recovery from damage due to the organized crime, regulation and punishment of the victim due to the crime of this case cannot be considered as serious harm to the defendant's actual use of the account of this case, etc.

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.