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(영문) 수원지방법원 2015.09.02 2015노4028

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

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

2. The judgment of the defendant shows an attitude to recognize and reflect each of the crimes of this case, and there are favorable circumstances such as that the defendant is an initial offender who has no record of criminal punishment.

However, the crime of this case is transferred by the defendant to a financial institution used in electronic financial transactions. It is highly necessary to punish the defendant because it is the means of crime, such as Bosing and illegal gambling, which may undermine the order in financial transactions and disrupt the construction of a credit society. The actual means of access transferred by the defendant is used for Bosing and giving rise to many victims. The defendant's participation in the crime is not negligible as a means of soliciting the head of Tongsing organization. In full view of the various circumstances, including the defendant's age, character and behavior, environment, details of the crime, and circumstances after the crime, etc., the punishment imposed by the court below is too unreasonable.

Therefore, the defendant's above assertion is without merit.

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.