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(영문) 수원지방법원 2017.12.14 2017노3267

전자금융거래법위반

Text

All appeals by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that the Defendant recognized the mistake of the Defendant, and there is no benefit from the instant crime, etc., the sentence of the lower court that sentenced a fine of KRW 4 million is too unreasonable.

B. In light of the fact that physical cards, etc. offered by the prosecutor to receive KRW 2,00,000 per person in the name of the accused and offered by the prosecutor are actually used for the singishing crime, and the so-called “sing passbook”, which is produced through the crime of transferring the electronic financial transaction access media, is widely used for various crimes, such as singing, etc. so that criminal proceeds can be concealed and it is difficult to detect the offender, making it difficult to find him/her an essential means to realize the crime, and thereby, the court below’s punishment is too uneasable and unfair.

2. The crime of this case is not proper for the defendant to receive 2 million won per physical card from his name in return for the transfer of a physical card, which is an electronic financial transaction access medium, and to inform him of the password. This is not only prejudicial to the trust and safety of financial transactions, but also is used for various criminal acts. The access media transferred by the defendant is actually used for the crime of phishing, while the defendant is recognized as erroneous, the defendant has no record of criminal punishment for the same crime, there is no other profit acquired by the crime of this case, the defendant's age, sex, environment, motive and circumstance of the crime, and circumstances after the crime, etc., the court below's punishment is recognized as appropriate, and it is not reasonable for the court below's assertion that the above punishment is too heavy or excessive, and thus, it is not reasonable.

3. Conclusion, the appeal by the defendant and by the prosecutor is filed.