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(영문) 서울남부지방법원 2015.10.02 2015노545

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

The gist of the grounds for appeal by the defendant is that the punishment of 2,00,000 won imposed by the court below is too unreasonable in light of the circumstances such as the defendant's North Korean defectors who are under the age of age without well-known knowledge of the laws and regulations of the Republic of Korea, the primary offender, and the benefits acquired by the case in this case.

In light of the circumstances alleged by the Defendant, the crime of this case was committed in return for promising to receive KRW 5,00,000 and transferred the means of access for electronic financial transactions. The possibility that the means of access can be used for other crimes has been used for the so-called Bosing crime. In fact, the act of transferring the means of access for his own pecuniary gain even in order to prevent additional crimes requires strict punishment. In addition, taking into account various circumstances, such as the Defendant’s age, character and conduct, intelligence and environment, motive, means and consequence of the crime, etc., the punishment imposed by the court below shall be appropriate, and it shall not be deemed unfair because it is excessively excessive.

Therefore, the defendant's appeal is without merit, and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.