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(영문) 대구지방법원 2016.05.13 2015노3119

전자금융거래법위반

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below on the summary of the grounds for appeal (the penalty amounting to five million won) is too unreasonable.

2. The Defendant appears to have recognized the instant crime and vice versa.

However, the crime of this case is less likely to be used for a crime such as Bosing, etc. by leasing a medium of access to electronic financial transactions.

In order to eradicate crimes, it is necessary to strictly punish the act of aiding and abetting crimes like the instant crime.

In particular, the Defendant had a record of being punished for the same crime, and the Defendant’s name card transferred through the instant crime was actually used for the singishing crime, causing another damage.

In addition, in full view of the circumstances that are conditions for sentencing, such as the Defendant’s age, sex, environment, record of crime, means and consequence of the instant crime, and the circumstances after the crime, even if considering the various circumstances claimed by the Defendant, the sentence imposed by the lower court is too unreasonable.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the defendant's appeal is without merit. It is so decided as per Disposition.