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(영문) 수원지방법원 2020.11.05 2020노4497

전자금융거래법위반

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (eight months of imprisonment) is too unreasonable.

B. The prosecutor’s sentence of the lower court (eight months of imprisonment) is too unhued and unreasonable.

2. We examine the reasoning of the judgment and the prosecutor together.

While recognizing the possibility of the Defendant’s use of the instant crime, such as scaming, etc., under the previous convictions for the crime of violation of the Electronic Financial Transactions Act related to scaming crimes and the crime of aiding and abetting fraud, the instant crime was committed by leasing the Defendant’s scam card to the non-scams in light of the motive, circumstances, etc. of the crime, and the crime of violation of the Electronic Financial Transactions Act due to the lending of the means of access is being used as the tool of various crimes including scaming crimes, it is necessary to punish the Defendant strictly. In fact, considering that the Defendant’s scam card is used for scaming fraud and new victims

However, the court below's punishment against the defendant is somewhat unfair in full view of the following facts: the defendant recognized the crime of this case and committed the crime of this case; the amount of KRW 10 million deposited in the defendant's account was not delivered to the defendant's employee; the defendant paid KRW 10 million to the defendant's employee; the victim of the crime of this case wanted to have the defendant's wife; the defendant suffered alz-type dementia and awareness disorder, depression, knee-type dementia, kne-type kne-type kne-type knife-type knife-type knife-type kne-type kne-type kne-type knife-type knife-type knife-type knife-type knife-type knife-type knife-type knife-type knife-type knife-type.

Therefore, the defendant's argument is reasonable and the prosecutor's argument is justified.