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(영문) 대전지방법원 2016.03.10 2015노2383

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too unreasonable that the punishment (two million won penalty) imposed by the lower court on the Defendant is too unreasonable.

2. The circumstances favorable to the Defendant include: (a) the Defendant’s mistake is against himself/herself; (b) there is no record of criminal punishment exceeding a fine; and (c) the Defendant appears to have committed the instant crime in an economically difficult situation; and (d) there are some other circumstances to consider the background of

However, the transfer of the electronic financial transaction access media is not only detrimental to the reliability of the safety performance of financial transactions, but also needs to be strictly punished because it can be the means of various other criminal acts. There are other unfavorable circumstances such as the fact that the access media actually transferred by the defendant was used in the crime of fraud and the decent citizen was damaged. In full view of all kinds of sentencing conditions such as the defendant's age, sexual behavior, environment, motive, means and consequence, etc., the sentence of the court below 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.