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(영문) 전주지방법원 2016.10.21 2016노1001

전자금융거래법위반

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal against the Defendants (e.g., 6 months of imprisonment, 1 year of suspended execution, etc.) is too unreasonable.

2. The circumstances favorable to the Defendants include: (a) the Defendants recognized the instant crime; (b) Defendant B had no record of criminal punishment previously imposed; and (c) Defendant A has no record of criminal punishment or criminal punishment heavier than that of a fine for the same kind of crime.

On the other hand, the crime of this case is committed against a person who operates the illegal sports gambling site by transferring the passbook, physical card, password, etc., which is the means of electronic financial transactions. The Defendants appear to have obtained economic benefits in return for the transfer of the means of electronic financial transactions in this case. In the event of the transfer of the means of electronic financial transactions, not only damages the safety and reliability of electronic financial transactions, but also may be abused for other crimes, such as “scaming,” and there is a need to strictly punish the said act. The fact that the means of access transferred by the Defendants was actually abused for the operation of the illegal gambling site is unfavorable to the Defendants.

In full view of the above circumstances and other circumstances, including the background of the instant crime, the age, character and conduct, and environment of the Defendants, the lower court’s punishment against the Defendants is too unreasonable, and thus, the Defendants’ assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, and it is so decided as per Disposition.