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(영문) 서울서부지방법원 2017.11.30 2017노1094

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the lower court on the gist of the grounds of appeal is too unreasonable.

2. The judgment has old conditions favorable to the defendant, such as the defendant has no particular criminal record, in addition to minor fines for a different species of punishment, and the defendant's fault is against the defendant's fault, and the economic situation of the defendant is difficult

However, the crime of transferring or lending access media is likely to undermine the stability and reliability of electronic financial transactions and cause secondary damage because it is abused for other crimes such as telephone financing fraud, etc.

In addition, the Defendant committed the instant crime in return for considerable consideration, as well as the access media that the Defendant transferred to the Defendant was used for the phishing crime.

In full view of the aforementioned circumstances and the Defendant’s age, sex, environment, sexual conduct, and motive for committing a crime, the sentence imposed by the lower court is too unreasonable, taking into account the following circumstances and various sentencing conditions revealed in the pleadings.

3. Accordingly, the Defendant’s appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act on the grounds that the appeal is groundless.