전자금융거래법위반
The defendant's appeal is dismissed.
All the costs of the original judgment and the trial shall be borne by the defendant.
1. The decision of the court below on the gist of the grounds for appeal (three million won of fine) is too unreasonable.
2. The fact that the judgment accused still has no record of criminal punishment, all of the instant crimes are recognized and are likely to be against the wrongness, and the fact that the court, etc. that suffered damage from telecommunications-based financial fraud due to the means of access transferred by the Defendant in the instant crime wishes to have the Defendant’s preference is favorable to the Defendant.
However, the crime of violating the Electronic Financial Transactions Act, such as this case, is highly likely to be misused for telecommunications-based financial fraud, and thus requires strict punishment. In full view of the fact that the means of access, such as physical cards, which the Defendant transferred from the instant crime, was actually used to commit fraud against J, the Defendant’s age, character and conduct, environment, family relationship, motive and circumstance of the crime, etc., the punishment imposed by the lower court is too unreasonable.
3. As such, the defendant's appeal is without merit and it is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. The court below's decision and the court court's decision pursuant to Article 191 (1), Article 190 (1), and Article 186 (1) of the Criminal Procedure Act are with all the costs of the trial. It is so decided as per Disposition.