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(영문) 대구지방법원 2015.04.03 2014노1685

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (5 million won of a fine) is too unreasonable.

2. Although there are favorable circumstances such as the Defendant’s confession of the instant crime, the Defendant’s liability is not denied when considering the fact that the so-called large passbook is massed by the transfer of the means of electronic financial transactions, such as the instant crime, and that such large passbook is abused for various crimes. The means of access actually transferred by the Defendant has been used for financial fraud, etc., the number of means of electronic financial transactions transferred by the Defendant is substantial, there are records of having been punished for fines for the same crime, and other factors of sentencing as indicated in the instant records and arguments, such as the Defendant’s age, character and conduct, environment, motive, means and consequence of the instant crime, etc., the Defendant’s punishment imposed by the lower court cannot be deemed unfair. Thus, the Defendant’s above assertion is without merit.

3. As such, the defendant's appeal is without merit, and it is dismissed under Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.