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(영문) 울산지방법원 2020.09.25 2020노451

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 (two million won of fine) is too unreasonable.

2. The fact that the defendant's decision on the grounds for appeal is against his own mistake and does not repeat again, that there is no penalty power exceeding the fine, and that there are some circumstances that can be considered in the living environment of the defendant is favorable to the defendant.

On the other hand, since the transfer of the means of access for electronic financial transactions may impair the safety and reliability of electronic financial transactions and be used as a means of other crimes, it is not good to commit such crime, and the fact that the cream card lent by the defendant was actually used for the crime of Bosing fraud is disadvantageous to the defendant.

In addition, in full view of the Defendant’s age, character, conduct and environment, motive, means and consequence of the crime, and all of the sentencing factors indicated in the instant records and pleadings, such as the circumstances after the crime was committed, the lower court’s sentence is too unreasonable.

Therefore, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.

(However, it is clear that in the first part of the judgment of the court below, the term "unexplic person" in the second part of the judgment of the court below is each clerical error in the same section and in the second part of the same section, " will be dismissed". Thus, it is corrected that the above dismissal is made ex officio in accordance with Article 25 (1) of the Rules on Criminal Procedure.