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(영문) 서울북부지방법원 2014.09.05 2014노726

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. The judgment is favorable to the defendant, such as the fact that the defendant led to the confession of the crime of this case and reflects against the defendant, and that the defendant is a recipient of basic living for the third degree disability of the brain disease.

However, in light of the reality that the so-called large passbook is massed by the transfer of the means of electronic financial transactions, such as the crime of this case, and such large passbook is abused for various crimes, the defendant's quality of crime is not weak; the means of access actually transferred by the defendant has been used for financial fraud; the defendant has the records of having been punished several times for the same crime as this case; thus, the defendant seems to have sufficiently predicted that the means of access provided by himself can be used for the crime of this case; and in full view of the motive for the crime of this case, the defendant's character and behavior, the environment, family relationship, and the sentencing conditions specified in the argument of this case, such as the motive for the crime of this case, the defendant's character and behavior, family relationship, etc.,

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.