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(영문) 서울중앙지방법원 2016.01.28 2015노4459

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The sentence imposed by the court below on the defendant (six months of imprisonment) is too unreasonable.

2. The Defendant recognized all of the instant crimes and reflected in the judgment.

It is also recognized that there is no economic benefit acquired from the crime of this case, such as the defendant's failure to receive the price for transfer of the passbook of this case and the postal card.

However, since the crime of this case not only undermines the reliability of the safety performance of electronic financial transactions, but also has a significant adverse impact on society, such as massing of victims by abusing various illegal acts such as Bosing fraud crimes, there is a need to cope with more strict measures.

In the actual case, the access media transferred by the defendant was used for the crime of fraud.

In addition, as the court below properly pointed out, the defendant had already been sentenced two times or more to the violation of the Electronic Financial Transactions Act, such as this case, but has repeated the crime of this case during the suspension period, and thus, the possibility of criticism and the responsibility are significant.

In addition, considering all of the sentencing conditions shown in the arguments of this case, such as the defendant's age, sex, criminal records, motive and background leading to the crime of this case, and circumstances after the crime, the sentence imposed by the court below is too unreasonable.

Defendant’s assertion is not accepted.

3. As such, the defendant's appeal is dismissed on the ground that it is without merit.