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(영문) 서울서부지방법원 2017.11.02 2017노1034

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (two years of suspended sentence to six months of imprisonment) is too unreasonable.

2. The following facts are the circumstances favorable to the Defendant: (a) the Defendant led to the confession and reflect of the instant crime; and (b) the Defendant requested the suspension of payment on the access media that the Defendant lent to the Defendant and the actual withdrawal of the amount from the payment of the Defendant’s loan was not made

However, in full view of the following facts: (a) the Defendant had the same criminal record; (b) the instant crime is a case in which the Defendant expected to pay for and lent access to electronic financial transactions; and (c) the Defendant could be abused as a means of crime, such as Bosing, as well as infringing the safety and reliability of electronic financial transactions; (d) the Defendant’s access media has actually been used for singing crimes; and (e) the Defendant’s age, sexual conduct, environment, motive for the instant crime, circumstances after the instant crime; and (e) all the sentencing conditions indicated in the arguments and records, such as the circumstances after the commission of the crime, etc., the Defendant’s punishment against the Defendant is too unreasonable

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.