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(영문) 서울동부지방법원 2014.09.26 2014노715

전자금융거래법위반

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (two years of suspended execution in six months of imprisonment) is too unreasonable.

B. The sentence sentenced by the court below to the defendant (two years of a suspended sentence in six months of imprisonment) is too unhued and unfair.

2. The defendant's act of taking over the means of electronic financial transactions in this case is not only more than 6 million won, but also less than 6 million won. The defendant's act of taking over the means of access to electronic financial transactions in this case does not impair the safety and reliability of electronic financial transactions, and there are circumstances that may be somewhat taken into account the motive and circumstances leading to each crime in this case, and there are no other criminal records except for the same criminal record and two fines. On the other hand, each of the crimes in this case is aiding and abetting the defendant to take over the means of access to electronic financial transactions in this case by receiving the passbook and cash card from 175 persons during the period when the defendant was contacted by the "D President" in a single name, and there are considerable number of times for the defendant to take over the means of access to electronic financial transactions in this case. The defendant's act of taking over the means of access to electronic financial transactions is not only impairing the safety and reliability of electronic financial transactions, but also significantly affecting society, and there are no other extenuating circumstances or circumstances that the defendant actually used the defendant's term and conditions of punishment in this case.

3. In conclusion, the appeal filed by the defendant and the prosecutor is without merit, and thus, it is in accordance with Article 364(4) of the Criminal Procedure Act.