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(영문) 인천지방법원 2015.09.23 2015노2851

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The main point of the grounds for appeal is that the lower court’s punishment (three million won of fine) is too unreasonable.

2. The circumstances are favorable to the Defendant, such as the confession and rebuttal of the instant crime, the fact that the Defendant had no record of criminal punishment for the same kind of crime, and the transfer of passbooks, etc., immediately after applying for the disposition of suspension of transactions to prevent the secondary crime.

However, the transfer of the means of access to electronic financial transactions is a highly likely crime that is abuse of another crime to cause multiple unspecified victims to grow together. In full view of the fact that the passbook, etc. actually transferred by the Defendant was used for the crime, the Defendant committed the instant crime during the period of repeated crime, and other various sentencing conditions as shown in the records and arguments, such as the Defendant’s age and happiness environment, circumstances before and after the crime, etc., the lower court’s sentence against the Defendant is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since the defendant's appeal is without merit. It is so decided as per Disposition.

However, in the application of the law of the lower judgment, it is obvious that the phrase “1. Labor Force Detention” was a clerical error in the Criminal Act, which was amended by Act No. 12575 of May 14, 2014, and thus, the ex officio correction is made pursuant to Article 25(1) of the Regulation on Criminal Procedure.

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